Archived 508 Coordinators Reference Manual - Section 1
In Section 508, and consistent with the Clinger-Cohen Act of 1996, electronic and information technology (EIT) is defined to include information technology and any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term information technology (IT) means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. EIT includes, but is not limited to, such things as computer hardware, software, multimedia, video, networks, telecommunication devices, information kiosks, web sites, copiers, fax machines, and peripherals.
The Architectural and Transportation Barriers Compliance Board (Access Board) was charged with developing technical and functional provisions to establish a minimum level of accessibility. The Board issued its Electronic and Information Technology Accessibility Provisions on December 21, 2000. Procurements covered by the provisions became enforceable on June 21, 2001. On April 25, 2001, a final rule was published that incorporates the Access Board's provisions into the Federal Acquisition Regulation (FAR). The FAR changes became effective June 25, 2001.
The new technical provisions include: (1) requirements specific to various types of technologies (Subpart B of the Access Board's provisions); (2) functional performance criteria focusing on the functional capabilities of covered technologies (Subpart C); and (3) requirements for information, documentation, and support (Subpart D).
The technology-specific provisions address software applications and operating systems; web-based information or applications; telecommunications products; video or multi-media products; self contained, closed products such as information kiosks and transaction machines, and desktop and portable computers. They also address compatibility with assistive technologies that some people with disabilities use for information and communication access. The technology-specific provisions are summarized as follows:
Software Applications and Operating Systems (1194.21)
Most of the specifications for software pertain to usability for people with vision impairments. For example, one provision requires alternative keyboard navigation, which is essential for people with vision impairments who cannot rely on pointing devices, such as a mouse. Other provisions address animated displays, color and contrast settings, flash rate, and electronic forms, among others.
Web-based Intranet and Internet Information and Applications (1194.22)
The criteria for web-based technology and information are based on access guidelines developed by the Web Accessibility Initiative of the World Wide Web Consortium. Many of these provisions ensure access for people with vision impairments who rely on various assistive products to access computer-based information, such as screen readers, which translate what's on a computer screen into automated audible output, and refreshable Braille displays. Certain conventions, such as descriptive tags or identification of graphics and format devices, like frames, are necessary so that these devices can "read" them for the user in a sensible way. The provisions do not prohibit the use of web site graphics or animation. Instead, they aim to ensure that such information is also available in an accessible format. Generally, this means use of text labels or descriptors for graphics and certain format elements. (HTML code already provides an ALT tag for graphics which can serve as a descriptor for graphics). This section also addresses the usability of web-based multimedia presentations, image maps, style sheets, scripting languages, applets and plug-ins, and electronic forms.
Section 508 applies to Federal web sites but not to private sector web sites (unless a site is provided under contract to a Federal agency, in which case only that web site or portion covered by the contract would have to meet the applicable technical provisions; the contractor's own web site that is not part of the "contract deliverables" would not have to meet the provisions.).
Accessible sites offer significant advantages that go beyond ensuring usability for people with disabilities. Someone without a disability who wants to be able to download a Federal web page faster can turn off graphics and still receive a comprehensible web page. Sites that meet the Access Board's technical provisions can facilitate transmission of web-based data to cell phones and personal digital assistants.
Telecommunications Products (1194.23)
The criteria of this section are designed primarily to ensure access to people who are deaf or hard of hearing. This includes compatibility with hearing aids, cochlear implants, assistive listening devices, and TTYs. TTYs are devices that enable people with hearing or speech impairments to communicate over the telephone; they typically include an acoustic coupler for the telephone handset, a simplified keyboard, and a visible message display. One provision calls for a provision non-acoustic TTY connection point for telecommunication products that allow voice communication and provide TTY functionality. Other provisions address adjustable volume controls for output, product interface with hearing technologies, and the usability of keys and controls by people who may have impaired vision or limited dexterity or motor control.
Video or Multimedia Products (1194.24)
Multimedia products involve more than one media and include, but are not limited to, video programs, narrated slide productions, and computer-generated presentations. Provisions address caption decoder circuitry (for any system with a screen larger than 13 inches) and secondary audio channels for television tuners, including tuner cards for use in computers. The provisions also require captioning and audio description for certain training and informational multimedia productions developed or procured by Federal agencies. The provisions also provide viewers the ability to turn captioning or video description features on or off.
Self Contained, Closed Products (1194.25)
This section covers products that generally have embedded software but are often designed in such a way that a user cannot easily attach or install assistive technology. Examples include information kiosks, information transaction machines, copiers, printers, calculators, fax machines, and similar types of products. The provisions require that accessibility features be built into the system so users do not have to attach an assistive device to it. Other provisions address mechanisms for private listening (handset or a provision headphone jack), touch screens, auditory output and adjustable volume controls, and location of controls in accessible reach ranges.
Desktop and Portable Computers (1194.26)
This section focuses on keyboards and other mechanically operated controls, touch screens, use of biometric form of identification, and ports and connectors.
The functional performance criteria in Subpart C of the Access Board's provisions are intended for overall product evaluation and for technologies or components for which there is no specific requirement under the technology-specific provisions in Subpart B. These criteria are designed to ensure that the individual accessible components work together to create an accessible product. They cover operation, including input and control functions, operation of mechanical mechanisms, and access to visual and audible information. These provisions are structured to allow people with sensory or physical disabilities to locate, identify, and operate input, control and mechanical functions and to access the information provided, including text, static or dynamic images, icons, labels, sounds or incidental operating cues. For example, one provision requires that at least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 must be provided in audio and enlarged print output that works together or independently.
Subpart D of the provisions addresses access to all information, documentation, and support provided to end users (i.e., Federal employees and members of the public) of covered technologies. This includes user guides, installation guides for end-user installable devices, and customer support and technical support communications. Such information must be available in alternate formats upon request at no additional charge. Alternate formats or methods of communication can include Braille, cassette recordings, large print, electronic text, Internet postings, TTY access, and captioning and audio description for video materials.
The Access Board is required to periodically review and, as appropriate, amend the provisions to reflect technological advances or changes in electronic and information technology.
Exceptions include:
Micro-Purchase Exception. Micro-purchases under $2,500 using government purchase cards (this is a temporary exemption until January 1, 2003). This exception is for a one-time purchase that totals $2,500 or less, made on the open market as opposed to under an existing contract. A software package that costs under $1,800 is not a micro-purchase if it is part of a $3,000 purchase-or a $3,000,000 purchase.
National Security Exception. Systems used for national security, military command, weaponry, intelligence, and crypto logic activities, but not routine business and administrative systems used for other defense-related purposes or by defense agencies or personnel, are exceptions. (See FAR 39.002)
Back Office Exception. EIT located in spaces frequented only be service personnel for maintenance, repair or occasional monitoring of equipment (e.g., network switches and routers located in wiring closets) is an exception.
Incidental to a Contract Exception. EIT acquired by a contractor that is incidental to the contract is an exception. 508 only apply to products and services being procured by Federal agencies. Section 508 does not apply to a contractor's own internal workplace EIT.
Undue Burden Exception. Undue burden is defined as "a significant difficulty or expense," considering all agency resources available to the program or component for which the product is being procured. This definition is consistent with the use of "undue burden" and "undue hardship" in the Americans with Disabilities Act (ADA) and other sections of the Rehabilitation Act. Section 508 provides that if a Federal agency determines that meeting the applicable technical provisions would impose an undue burden, any documentation by the agency supporting procurement shall explain why procuring an item that meets all of the applicable Access Board technical provisions would impose an undue burden. Additionally, when the undue burden exception is invoked, the Federal agency shall provide individuals with disabilities with the information and data involved by an alternative means of access.
Fundamental Alteration Exception. An agency is not required to alter its acquisition requirements in order to comply with section 508 if the alteration would be so fundamental that the agency would no longer be procuring EIT that met its needs.
An agency may conclude that EIT meeting the applicable technical provisions of the Access Board's standards is not available (and purchase EIT that does not meet those provisions) when it cannot find a commercial item that both meets applicable Access Board's technical provisions and can be furnished in time to satisfy the agency's delivery requirements. If products are available that meet some, but not all, applicable provisions, agencies cannot claim a product as a whole is non-available just because it does not meet all of the applicable provisions. Agency acquisitions must comply with those applicable technical provisions that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency's delivery requirements. No availability determinations must be documented.
The Access Board's provisions provide that agencies may accept EIT offered by vendors which uses designs or technologies that do not meet the applicable technical provisions in Subpart B but provide substantially equivalent or greater access to and use of a product for people with disabilities. (See 36 CFR 1194.5.) This is referred to as "equivalent facilitation."
Equivalent facilitation is not an exception or variance from the requirement to provide comparable access. Rather, it is a recognition that technologies may be either developed or used in ways not envisioned by the technical provisions in Subpart B but still result in the same or better functional access as would be provided by strictly meeting the provisions in Subpart B. Functional outcome - not form - is key to evaluating whether a technology results in "substantially equivalent or greater access." In effect, meeting the functional performance criteria in Subpart C of the Board's provisions is the test for equivalent facilitation.
For example, an information kiosk which is not accessible to a person who is blind might be made accessible by incorporating a telephone handset connected to a computer that responds to touchtone commands and delivers the same information audibly that is provided on the screen.
In short, the concept of equivalent facilitation is designed to allow the marketplace to offer innovative solutions. For this reason, agencies must draft their solicitations for EIT so that products offering equivalent facilitation are considered along with those that strictly meet the technical provisions of Subpart B of the provisions.
This law establishes a complaint procedure and reporting requirements that further promote compliance. Section 508 provides that any individual with a disability may file a complaint alleging that a Federal agency fails to comply with Section 508 when procuring EIT. Complaints shall be filed with the Federal agency alleged to be in noncompliance. The Federal agency receiving the complaint shall apply the complaint procedures established to implement Section 504 of the Rehabilitation Act for resolving allegations of discrimination in a federally conducted program or activity. Under Section 508, individuals may also sue an agency in Federal court to correct an alleged violation. Agencies are encouraged to develop voluntary alternative dispute resolution procedures to address complaints.
Section 508 requires Federal agencies to report on a biennial basis to the Department of Justice the extent to which their electronic and information technology is accessible and usable by individuals with disabilities. In April 2000, the Attorney General submitted a report to the President containing findings and recommendation. These findings and recommendations can be found at http://www/usdoj.gov/crt/508/report/content.htm. Every two years, starting in August 2001, the Attorney General will report to the President and Congress on findings and recommendations regarding the state of Federal agencies' compliance with Section 508, including actions regarding individual complaints.
