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Date: Mon, 5 Apr 1999 08:26:40 -0400 (EDT)
From: Lawrence Scadden <[log in to unmask]>
To: [log in to unmask]
Subject: Department of Justice package
Those of you who have been attending the EITAAC meetings on a regular
basis know that we have been assisted in all of our sessions by attorneys
from the Department of Justice: Mary Lou Mobley and Ken Nakada. They
have been waiting for some time to have a package of materials on Section
508 to be cleared by the Department of Justice hierarchy that will be
going to all Federal agencies requesting a self evaluation of electronic
and information technology accessibility within each agency. This
internal evaluation is mandated within Section 508 as a prelude to the
implementation and enforcement of the Act that begin in August 2000.
On Friday April 2, the package of materials was finally signed by the
Attorney General. Mary Lou has invited us to distribute these materials
to the EITAAC list and to post it on one of our Web sites. I will be
forwarding her message and the various attachments to the EITAAC in a
separate message. This is only a heads up about the material to come.
The Department of Justice uses Word Perfect version 7.0. I had no problem
calling these files up into Microsoft Word, but the header material that
followed Mary Lou's message to Doug Wakefield and me was impossible for me
to decipher. The problem of incompatability of e-mail systems and word
processing packages may be a more difficult problem to resolve than access
by people with disabilities to information technology. At least it is
more pervasive in our society as a whole. The Department of Justice will
be placing these materials on a Web site in HTML and copies will be made
available in alternative formats.
One last point. You will note when reading the questions to anticipated
questions in the materials that the Department of Justice is making it
clear at this time that not all questions can be answered until the Access
Board publishes standards for Section 508. That answer in itself places
our work in perspective. We have a tremendous assignment that must be
completed in 37 days and 37 nights from now. That is a daunting task, but
the raw materials are complete. We need to pull them together, edit them,
refine them, and then pass them along to the Access Board for the next
steps. Reading the materials from the Department of Justice makes it
clear that what we are about is significant and can be expected to have a
major impact on the future design of electronic and information technology
insuring improved accessibility for people with disabilities.
Larry Scadden
-------------------------------------
Lawrence A. Scadden, Ph.D.
Senior Program Director
Program for Persons with Disabilities
National Science Foundation
4201 Wilson Blvd., Suite 815
Arlington, VA 22230
Tel: 703/306-1636 ext. 6865
Fax: 703-306-0423
E-mail: [log in to unmask]
----------
MEMORANDUM FOR THE HEADS OF ALL FEDERAL AGENCIES
FROM: THE ATTORNEY GENERAL
SUBJECT: Electronic and Information Technology
We live in a world that is becoming increasingly
cognizant of the needs and rights of persons with disabilities.
In 1990, Congress passed the Americans with Disabilities
Act, which has been described as the most sweeping
civil rights legislation since the Civil Rights Act
of 1964. This important law expanded upon the Rehabilitation
Act of 1973, which protected persons with disabilities
from discrimination in federally-assisted and federally
conducted programs.
We also live in a world that is becoming increasingly
dependent upon computers and other electronic and information
technologies for providing the information that we
need in our daily lives. Computer technology can now
be found in almost all workplaces and is an integral
part of much of the equipment that surrounds us. Adaptive
technology, such as computer screen-reading software
and braille display units, enable people with disabilities
to use this modern technology. Whenever our agencies
buy new computer programs or electronic equipment for
our workplaces, we run the risk that these new purchases
will not work with adaptive technology. In so doing,
we would be excluding people with disabilities. Section
508 of the Rehabilitation Act now seeks to address
this potential problem.
On August 7, 1998, President Clinton signed the Workforce
Investment Act of 1998, Pub. L. No. 105-220, 112 Stat.
936 (1998). Section 408(b) of that law included a
revised version of Section 508 of the Rehabilitation
Act of 1973. Sec. 408(b), þ 508, 112 Stat. at 1203
06. This newly revised Section 508 imposes strict
requirements for any electronic and information technology
developed, maintained, procured, or used by federal
agencies. Electronic and information technology is
expansively defined. It includes computers (such as
hardware, software, and accessible data such as web
pages), facsimile machines, copiers, telephones, and
other equipment used for transmitting, receiving, using,
or storing information.
Section 508 was effective on the day that it was
enacted. Therefore, all federal agencies must now
take steps to ensure that the electronic and information
technologies used in their programs are accessible.
As the initial step in the implementation process,
Section 508 requires all federal agencies to conduct
a self-evaluation of their current electronic and information
technology and to report the results of these self
evaluations to the Department of Justice. I ask that
you submit your agency's self-evaluation to the Department
of Justice by June 15, 1999. The Department is then
required to report the results of this government-wide
survey to the President by February 7, 2000.
To save government resources, we are requesting all
agency components to submit their self-evaluations
through a web site that we have created for this purpose.
Your components can access this page at "www.508.org."
The web page is specifically designed to reject entries
from anyone who is not using a government computer
with an Internet home address identified by the suffix
".gov" or ".mil," in order to lessen the chance of
non-federal persons entering false data.
Each agency should review each of its components' responses
and provide an additional comprehensive agency-wide
report.
To assist your agency in complying with Section 508
and in completing your self-evaluation and report,
we have enclosed several helpful documents:
First, we have attached the text of Section 508.
Second, we have attached a document titled, "Information
Regarding Section 508 of the Rehabilitation Act," including
a list of resources that you may consult in developing
accessible information and electronic technology.
Third, we have attached a package of information to
assist your agency in preparing its self-evaluation.
This Section 508 self-evaluation package includes:
Agency Directions
Form for Identification of Designated Agency Official
Directions for Component Contacts
Component Questionnaire, including accessibility checklists
regarding
Software
Web Pages
ITM's ("Information/Transaction Machines")
Other Information Technology Equipment
Fourth, we have attached a memorandum prepared by the
U.S. Department of Education that answers many common
questions about Section 508.
Thank you for your attention to this new federal
initiative. I know that we can work together to ensure
that people with disabilities can have full access
to our new information and electronic technologies.
Attachments
----------
Section 508 Self-Evaluation
Table of Contents
1.
Section 508 of the 1998 Rehabilitation Act Amendments
(Workforce Investment Act of 1998)
2.
Information Regarding Section 508 of the Rehabilitation
Act
3.
Section 508 Resource Guide
4.
Agency Directions
5.
Form for Identification of Designated Agency Official
6.
Directions for Component Contacts
7.
Component Questionnaire, including
A.
Software Accessibility Checklist
B.
Web Page Accessibility Checklist
C.
ITM Accessibility Checklist
D.
IT Equipment Accessibility Checklist
8.
U.S. Department of Education bulletin, "Q & A: Title
IV Ä Rehabilitation Act Amendments of 1998, Section
508: Electronic and Information Technology"
----------
PL 105-220, 1998 HR 1385
PL 105-220, enacted on August 7, 1998, 112 Stat 936
codified as: Section 50-4 of the Rehabilitation Act,
29 U.S.C. þ 794d
WORKFORCE INVESTMENT ACT OF 1998
SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY.
(a) REQUIREMENTS FOR FEDERAL DEPARTMENTS AND AGENCIES.
(1) ACCESSIBILITY.--
(A) DEVELOPMENT, PROCUREMENT, MAINTENANCE, OR USE
OF ELECTRONIC AND INFORMATION TECHNOLOGY.--When developing,
procuring, maintaining, or using electronic and information
technology, each Federal department or agency, including
the United States Postal Service, shall ensure, unless
an undue burden would be imposed on the department
or agency, that the electronic and information technology
allows, regardless of the type of medium of the technology
(i) individuals with disabilities who are Federal
employees to have access to and use of information
and data that is comparable to the access to and use
of the information and data by Federal employees who
are not individuals with disabilities; and
(ii) individuals with disabilities who are members
of the public seeking information or services from
a Federal department or agency to have access to and
use of information and data that is comparable to the
access to and use of the information and data by such
members of the public who are not individuals with
disabilities.
(B) ALTERNATIVE MEANS EFFORTS.--When development,
procurement, maintenance, or use of electronic and
information technology that meets the standards published
by the Access Board under paragraph (2) would impose
an undue burden, the Federal department or agency shall
provide individuals with disabilities covered by paragraph
(1) with the information and data involved by an alternative
means of access that allows the individual to use the
information and data.
(2) ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS.
(A) IN GENERAL.--Not later than 18 months after
the date of enactment of the
Rehabilitation Act Amendments of 1998, the Architectural
and Transportation Barriers Compliance Board (referred
to in this section as the 'Access Board'), after consultation
with the Secretary of Education, the Administrator
of General Services, the Secretary of Commerce, the
Chairman of the Federal Communications Commission,
the Secretary of Defense, and the head of any other
Federal department or agency that the Access Board
determines to be appropriate, including consultation
on relevant research findings, and after consultation
with the electronic and information technology industry
and appropriate public or nonprofit agencies or organizations,
including organizations representing individuals with
disabilities, shall issue and publish standards setting
forth--
(i) for purposes of this section, a definition
of electronic and information technology that is consistent
with the definition of information technology specified
in section 5002(3) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1401(3)); and
(ii) the technical and functional performance
criteria necessary to implement the requirements set
forth in paragraph (1).
(B) REVIEW AND AMENDMENT.--The Access Board shall
periodically review and, as appropriate, amend the
standards required under subparagraph (A) to reflect
technological advances or changes in electronic and
information technology.
(3) INCORPORATION OF STANDARDS.--Not later than 6
months after the Access Board publishes the standards
required under paragraph (2), the Federal Acquisition
Regulatory Council shall revise the Federal Acquisition
Regulation and each Federal department or agency shall
revise the Federal procurement policies and directives
under the control of the department or agency to incorporate
those standards. Not later than 6 months after the
Access Board revises any standards required under paragraph
(2), the Council shall revise the Federal Acquisition
Regulation and each appropriate Federal department
or agency shall revise the procurement policies and
directives, as necessary, to incorporate the revisions.
(4) ACQUISITION PLANNING.--In the event that a Federal
department or agency determines that compliance with
the standards issued by the Access Board under paragraph
(2) relating to procurement imposes an undue burden,
the documentation by the department or agency supporting
the procurement shall explain why compliance creates
an undue burden.
(5) EXEMPTION FOR NATIONAL SECURITY SYSTEMS.--This
section shall not apply to national security systems,
as that term is defined in section 5142 of the Clinger
Cohen Act of 1996 (40 U.S.C. 1452).
(6) CONSTRUCTION.--
(A) EQUIPMENT.--In a case in which the Federal
Government provides access to the public to information
or data through electronic and information technology,
nothing in this section shall be construed to require
a Federal department or agency--
(i) to make equipment owned by the Federal Government
available for access and use by individuals with disabilities
covered by paragraph (1) at a location other than that
where the electronic and information technology is
provided to the public; or
(ii) to purchase equipment for access and use
by individuals with disabilities covered by paragraph
(1) at a location other than that where the electronic
and information technology is provided to the public.
(B) SOFTWARE AND PERIPHERAL DEVICES.--Except as
required to comply with standards issued by the Access
Board under paragraph (2), nothing in paragraph (1)
requires the installation of specific accessibility
related software or the attachment of a specific accessibility
related peripheral device at a workstation of a Federal
employee who is not an individual with a disability.
(b) TECHNICAL ASSISTANCE.--The Administrator of General
Services and the Access Board shall provide technical
assistance to individuals and Federal departments and
agencies concerning the requirements of this section.
(c) AGENCY EVALUATIONS.--Not later than 6 months after
the date of enactment of the Rehabilitation Act Amendments
of 1998, the head of each Federal department or agency
shall evaluate the extent to which the electronic and
information technology of the department or agency
is accessible to and usable by individuals with disabilities
described in subsection (a)(1), compared to the access
to and use of the technology by individuals described
in such subsection who are not individuals with disabilities,
and submit a report containing the evaluation to the
Attorney General.
(d) REPORTS.--
(1) INTERIM REPORT.--Not later than 18 months after
the date of enactment of the Rehabilitation Act Amendments
of 1998, the Attorney General shall prepare and submit
to the President a report containing information on
and recommendations regarding the extent to which the
electronic and information technology of the Federal
Government is accessible to and usable by individuals
with disabilities described in subsection (a)(1).
(2) BIENNIAL REPORTS.--Not later than 3 years after
the date of enactment of the Rehabilitation Act Amendments
of 1998, and every 2 years thereafter, the Attorney
General shall prepare and submit to the President and
Congress a report containing
information on and recommendations regarding the state
of Federal department and agency compliance with the
requirements of this section, including actions regarding
individual complaints under subsection (f).
(e) COOPERATION.--Each head of a Federal department
or agency (including the Access Board, the Equal Employment
Opportunity Commission, and the General Services Administration)
shall provide to the Attorney General such information
as the Attorney General determines is necessary to
conduct the evaluations under subsection (c) and prepare
the reports under subsection (d).
(f) ENFORCEMENT.--
(1) GENERAL.--
(A) COMPLAINTS.--Effective 2 years after the date
of enactment of the Rehabilitation Act Amendments of
1998, any individual with a disability may file a
complaint alleging that a Federal department or agency
fails to comply with subsection (a)(1) in providing
electronic and information technology.
(B) APPLICATION.--This subsection shall apply only
to electronic and information technology that is procured
by a Federal department or agency not less than 2 years
after the date of enactment of the Rehabilitation Act
Amendments of 1998.
(2) ADMINISTRATIVE COMPLAINTS.--Complaints filed
under paragraph (1) shall be filed with the Federal
department or agency alleged to be in noncompliance.
The Federal department or agency receiving the complaint
shall apply the complaint procedures established to
implement section 504 for resolving allegations of
discrimination in a federally conducted program or
activity.
(3) CIVIL ACTIONS.--The remedies, procedures, and
rights set forth in sections 505(a)(2) and 505(b) shall
be the remedies, procedures, and rights available to
any individual with a disability filing a complaint
under paragraph (1).
(g) APPLICATION TO OTHER FEDERAL LAWS.--This section
shall not be construed to limit any right, remedy,
or procedure otherwise available under any provision
of Federal law (including sections 501 through 505)
that provides greater or equal protection for the rights
of individuals with disabilities than this section.
----------
Information Regarding
Section 508 of the Rehabilitation Act
Existing Systems
Section 508 requires that Federal agencies must ensure
comparable accessibility to persons with disabilities
whenever that agency uses electronic or information
technology, unless such access would impose an undue
burden.
1
Therefore, if an agency uses word processing software
that is incompatible with adaptive equipment on a small
local area network, Section 508 may require that the
agency replace the software, if replacing that software
does not impose an undue burden. Even if the agency
could claim that it would be an undue burden immediately
to replace the software, it should ensure that any
replacement or upgraded software be accessible to persons
with disabilities.
Development of Standards for Procurement
The scope of Section 508 is expansive. "Electronic
and information technology" potentially includes any
technology that is used in the "automatic acquisition,
storage, manipulation, management, movement, control,
display, switching, interchange, transmission, or reception
of data or information." 40 U.S.C. þ 1401(3) (definition
of "information technology"). This broad definition
potentially includes all telecommunications devices
(including telephones, voice-mail systems, pagers,
facsimile machines, and related technology) and any
technology used to convey, transmit, or receive any
kind of information.
The Architectural and Transportation Barriers Compliance
Board ("Access Board"), in consultation with certain
other government agencies and private organizations,
is responsible for developing standards for complying
with Section 508. These responsibilities include developing
standards for electronic and information technology
covered by Section 508 and defining what technology
constitutes "electronic and information technology"
for purposes of Section 508. The Access Board must
complete its regulations by February 7, 2000. Ultimately,
these requirements
will be incorporated into the Federal Acquisition Regulation
("FAR") by August 7, 2000. All Federal agencies and
departments must then revise their procurement policies
and directives to incorporate the new standards. If
the Access Board later revises its standards for compliance
with Section 508, then both the FAR and the procurement
policies and directives of all Federal agencies must
be revised within six months. If procuring electronic
and information
technology that complies with the standards developed
by the Access Board would impose an undue burden on
the agency, it must explain why compliance would create
an undue burden in the documents supporting the procurement
that does not comply with the Access Board's standards.
Enforcement
If a Federal agency procures electronic and information
technology after August 7, 2000, that does not comply
with the standards developed by the Access Board, it
is subject to administrative complaints and private
lawsuits by employees and members of the public. Agencies
receiving administrative complaints must apply the
complaint procedures established to implement Section
504 of the Rehabilitation Act for resolving the allegations
of discrimination. In private lawsuits, the rights
and remedies of the parties are the same as in litigation
under Section 504 of the Rehabilitation Act as it applies
to federally conducted programs.
Immediate Requirements for Federal Agencies
In addition to complying with the future Access Board
standards, Section 508 imposes other important duties
on Federal agencies.
First, even though the Access Board has not published
its guidelines, Federal agencies must make their current
information and electronic technologies accessible
to employees with disabilities and members of the public
with disabilities. Furthermore, Federal agencies should
be incorporating the needs of persons with disabilities
when it makes any changes to its current information
and electronic technologies.
Second, Federal agencies must conduct a self-evaluation
and submit a report to the Department of Justice regarding
the accessibility of their electronic and information
technology. All Federal agencies must evaluate the
extent to which their electronic and information technology
is accessible to and usable by individuals with disabilities
and submit a report containing their evaluation to
the Department of Justice by June 15, 1999. Agencies
are strongly encouraged to submit component self-evaluations
through a web site that will be established by the
Department of Justice, and to provide an additional
comprehensive agency-wide report to the Department.
The Department must then evaluate this data and report
to the President by February 7, 2000. Thereafter,
all Federal agencies must provide information that
the Attorney General deems necessary to assess the
ongoing compliance with Section 508 and must cooperate
with the Attorney General's efforts at assessing this
compliance.
Many Federal agencies are currently purchasing or
upgrading computer-based systems to ensure effective
operation after the year 2000 (so-called "Y2K projects").
Because Section 508 may significantly affect all of
these purchases or upgrades, information on Section
508 responsibilities must be disseminated quickly.
To ensure a successful self-evaluation, the Department
of Justice recommends that each agency designate a
coordinating person or office ("Designated Agency Official")
and distribute this memorandum and appropriate portions
of this package to the following personnel within your
agency:
all staff responsible for information technology, including
telecommunications equipment and computer systems (such
as web pages and software development).
any agency staff authorized to commit agency funds,
including all contracting officers, contracting officer
technical representatives, and all employees with procurement
warrants.
Current Guidelines for Agencies
Section 508 became effective the day it was enacted,
August 7, 1998. Although the Access Board has not
yet developed standards for compliance with Section
508, Federal agencies must nonetheless ensure that
their electronic and information technology is accessible
to persons with disabilities.
Some of the more significant issues covered by Section
508 are discussed below. In addition, the accompanying
Resource Guide provides a useful starting point for
making your agency's electronic and information technology
accessible to persons with disabilities. It includes
resources from both the public and private sectors
and addresses a wide range of issues.
Computer Hardware and Electronic Equipment Accessibility
Section 508 requires that each Federal agency consider
the needs of persons with disabilities when it procures
or uses new electronic or information technology hardware
or equipment. For instance, office equipment routinely
shared among employees (e.g. copiers and fax machines)
should be accessible to persons with disabilities.
Also, information kiosks or other ITM's Ä "information/transact
ion machines" are automated interactive devices, such
as automated teller machines, ticket vending machines,
electronic building directories, and other devices
that provide information or conduct transactions with
users Ä used by Federal agencies to provide information
or services to members of the public should be accessible
to persons with disabilities. The accompanying Resource
Guide provides insight into the design considerations
for making this technology accessible.
Section 508 does not, however, require the installation
of adaptive hardware or software at the work station
of a non-disabled employee. Section 508 also does
not require that an agency purchase equipment to provide
information for persons with disabilities at locations
other than where that information is provided to others.
Sections 501 and 504 of the Rehabilitation Act may
require specific modifications as reasonable accommodations
in particular instances.
Computer Software
Federal agencies should consider the accessibility
of computer software that they develop, procure, maintain,
or use. Computer software includes the programs or
sets of instructions used by a computer for processing
input and information. Without proper software, a
computer is useless. Fortunately, making computer
software accessible to persons with disabilities can
be relatively easy. The accompanying Resource Guide
highlights the work done in the public and private
sectors in developing standards for accessible computer
software.
Federal Agency Web Sites
Many Federal agencies use the Internet to disseminate
information publicly or use private intranets to distribute
information to their employees. These are examples
of electronic and information technology developed,
maintained, or used by Federal agencies and Section
508 requires that they be made accessible to persons
with disabilities. Again, the accompanying Resource
Guide provides valuable information into making this
technology accessible to persons with disabilities.
----------
Section 508 Self-Evaluation
Agency Directions
1
Q1. Why does my agency have to conduct a self-evaluation?
A: On August 7, 1998, Congress amended section 508
of the Rehabilitation Act. Under the new law, all
Federal agencies and departments must conduct self
evaluations and report to the Attorney General by February
7, 2000, the current extent to which their electronic
and information technology is accessible to and usable
by persons with disabilities, including Federal employees
and members of the public who seek or are provided
information or services from those agencies.
Q2: What is the best process for ensuring that my
agency has met its self-evaluation responsibilities
under section 508?
A: Staff at the Department of Justice have developed
the Component Questionnaire because it provides an
easy, time-efficient, step-by-step method for evaluating
the extent to which your technology is accessible to
persons with disabilities. Use of the Questionnaire
is one way, but not the only way, to comply with the
legal duty of self-evaluation.
Whether or not your agency chooses to use this method,
you should:
(1) Designate a single individual or office ("Designated
Agency Official"), such as the Office of the CIO, as
responsible for your agency's self-evaluation responsibilities;
and
(2) immediately report to the Acting Assistant
Attorney General for Civil Rights, the name, telephone
number, fax number, and e-mail address for your Designated
Agency Official, by faxing the attached form, "Identification
of Designated Agency Official" to the Disability Rights
Section, Civil Rights Division of the U.S. Department
of Justice. Contact information appears on the form.
Please note that although this package may appear
overwhelmingly large at first glance, much of the bulk
is due to its user-friendly design. There is a lot
of duplication so that each part of the package can
be used as a stand-alone document. This way, you do
not have to make a lot of decisions about what information
should be conveyed to each of your components or how
to handle a particular issue: appropriate distribution
and use instructions are repeated throughout the package.
Q3: What are the duties of the Designated Agency Official?
A: The Designated Agency Official should do the following:
(1) Designate a contact person for all components
within your agency ("Component Contacts");
(2) distribute hard copies and electronic versions
of the following documents to all Component Contacts:
Directions for Component Contacts;
2
Component Questionnaires with associated Checklists;
and
Resource Guide
(3) ensure that all components, in a timely manner,
enter the data requested in the Component Questionnaires
on the special Internet page established for this purpose,
"www.508.org;"
3
(4) collect and review copies of your components'
Internet submissions; and
(5) by June 15, 1999, provide to the Attorney
General a comprehensive self-
evaluation of the extent to which your agency's electronic
and information technology is accessible to and usable
by people with disabilities. This report should include,
at a minimum, the following:
(a) an organizational chart showing the hierarchy
and relationship of all components in your agency,
so that we may fully understand the context of your
agency's components' Internet submissions;
(b) a comprehensive evaluation of the accessibility
of your agency's electronic and information technology,
based on your components' Internet submissions;
(c) a description of any steps your agency
intends to take to improve accessibility;
(d) any recommendations you may have about
how to improve the overall accessibility of the Federal
government's electronic and information technology;
and
(e) any other information you would like us
to consider when preparing the Attorney General's report
to the President.
Q4: Where should our agency's evaluation be sent?
A: Your components should submit their information
on the Internet page established for this purpose,
"www.508.org," as described above. Your comprehensive
agency evaluation Ä in an electronic format, and, if
desired, on paper Ä should be sent to:
Bill Lann Lee, Acting Assistant Attorney General
for Civil Rights
c/o: Section 508 Coordinator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
If you prefer to submit your comprehensive agency
evaluation electronically, please e-mail it to:
[log in to unmask]
Q5: Should each person who receives the attached Component
Questionnaire answer all questions based on his or
her knowledge of the agency as a whole?
A: No. Each such person should complete the Component
Questionnaire -- and submit the information on the
Internet -- only as it pertains to the limits of his
or her authority or control within the agency or its
component, to ensure that overlapping responses are
not generated. The Designated Agency Official should
determine which person(s) or office(s) in the agency
will be responsible for evaluating agency-wide applications,
such as agency-wide pages on the World Wide Web.
Q6: Should our agency provide separate responses for
each component?
A: Each component should submit its information to
the Department of Justice through the Internet and
should provide a copy of its Internet submission to
the Designated Agency Official. The Designated Agency
Official should review all of the components' responses
and submit a comprehensive, agency-wide self-evaluation
to the Attorney General. It is not necessary to provide
the Attorney General with the Component Questionnaires,
as this information will already have been provided
through the Internet.
Q7: How will our information be used by the Attorney
General?
A: The Attorney General will report to the President
the extent to which electronic and information technology
used by the Federal government is accessible to and
usable by persons with disabilities. Your agency's
answers will assist the Attorney General in preparing
a thorough and accurate "snapshot" evaluation of the
extent to which persons with disabilities have equal
access to and use of information as persons who do
not have disabilities, as well as helping her make
appropriate follow-up recommendations.
Q8: What is "electronic and information technology?"
A: Section 508 requires the Access Board, by February
7, 2000, to define "electronic and information technology"
in a manner that is consistent with the definition
of "information technology" used in the Clinger-Cohen
Act, 40 U.S.C. þ 1401(3). The Clinger-Cohen definition
of information technology includes "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." 40 U.S.C. þ 1401(3)(A). It includes,
but is not limited to, "computers, ancillary equipment,
software, firmware, and similar procedures, services
(including support services) and related resources."
þ 1401(3)(B).
Section 508 specifically exempts from coverage national
security systems, as that term is used in section 5142
of the Clinger-Cohen Act, 40 U.S.C. þ 1452.
Because the Access Board will not issue its definition
of "electronic and information technology" until February
7, 2000, you should not infer that a specific example
of technology covered by the Component Questionnaire
or any of the associated Checklists is "electronic
and information technology" for which the Access Board
will be publishing standards.
Q9: Are there any published standards that will guide
my agency in determining the extent to which its electronic
and information technology is currently accessible
to and usable by persons with disabilities?
A: No. The Access Board is charged with developing
such standards by February 7, 2000. In the interim,
however, there are many private and governmental resources
upon which you can draw. Many of these resources are
listed in the Resource Guide that is distributed with
this document.
Q10: I don't understand why it is important for my
agency to determine whether its mainstream electronic
and information technologies are accessible. Can't
people with disabilities use separate assistive technologies
specifically designed for them instead?
A: Not necessarily. The increasing complexity and
interaction of electronic and information technologies
often makes it impossible to "layer" assistive technologies
for use on top of mainstream applications unless those
applications were designed with accessibility in mind.
For example, someone who is blind may use a word processing
program in conjunction with a screen reader, which
is designed to "voice" the information portrayed on
the screen to the user. If an agency's word processing
program uses icons without text labels, the screen
reader cannot work properly and the person who is blind
would be unable to use the word processor. While non
disabled employees would be able to access file libraries
and shared files, the inaccessible word processor would
lock out the user with a disability from many aspects
of information sharing.
Q11: Some of the questions in the Component Questionnaire
ask whether a specific example of technology used by
my agency is accessible to people with certain types
of disabilities. Does this mean that there is always
a technological solution that will provide access to
people with all kinds of disabilities?
A: No. There are some types of technology for which
there are currently no ways to make them accessible
to persons with disabilities. If accessible technology
does not exist, then an agency may rely on the "undue
burden" defense of section 508 and may procure inaccessible
technology. Even if it is an undue burden to provide
accessible technology, Federal agencies must ensure
that access to information is provided through some
other accessible means.
Q12: In what other instances is the "undue burden"
defense applicable?
A: An agency may legitimately claim that procurement
of accessible technology is an "undue burden" -- and
thus not required by section 508 -- when it would pose
a "significant difficulty or expense," such as when
accessible technology is generally unavailable in the
mass market or when it is significantly too expensive
to be obtained given the scope of the procurement at
issue. Even if it is an undue burden to provide accessible
technology, Federal agencies must ensure that access
to information is provided through some other accessible
means.
Q13: Can our agency by-pass the self-evaluation process
and provide the Attorney General with information about
our agency's reasonable accommodation policies and
procedures?
A: No. This self-evaluation process focuses on your
technology rather than looking at how your agency provides
reasonable accommodations to specific individuals with
known disabilities. It is important that you conduct
this self-evaluation without regard to whether your
agency or its components have employees with disabilities
or communicate with members of the public who have
disabilities.
Q14: What topics are covered by the Component Questionnaire?
A: The Component Questionnaire covers the following
topics:
Procurement Policies and Procedures
Telecommunications
Computer and Network Based Applications and Services
Information Transaction Machines
Other IT Equipment
----------
Section 508 Self-Evaluation
Directions for Component Contacts
1
Q1. Why does my component have to conduct a self-evaluation?
A: On August 7, 1998, Congress amended section 508
of the Rehabilitation Act. Under the new law, all
Federal agencies and departments must conduct self
evaluations and report to the Attorney General the
current extent to which their electronic and information
technology is accessible to and usable by persons with
disabilities, including Federal employees and members
of the public who seek information or services from
those agencies.
Q2: Why does my component have to fill out the attached
Questionnaires and Checklists?
A: Staff at the Department of Justice have prepared
this Questionnaire to provide an easy, time-efficient,
step-by-step method for evaluating the extent to which
technology is accessible to persons with disabilities.
Your agency has chosen to use this method to comply
with its statutory duty of self-evaluation and has
designated you a "Component Contact."
Please note that although this package may appear
overwhelmingly large at first glance, much of the bulk
is due to its user-friendly design. There is duplication
so that each part of the package can be used as a stand
alone document. This way, you do not have to
make a lot of decisions about what information should
be conveyed to each appropriate person within your
component or how to handle a particular issue: appropriate
distribution and use instructions are repeated throughout
the package.
As a Component Contact, you should do the following:
(1) distribute the appropriate portions of the
attached Component Questionnaire and associated Checklists
(provide both hard copies and electronic versions of
all documents) to a representative sample of persons
throughout your component,
2
including:
Contracting Officers ("CO");
Contracting Officer Technical Representatives ("COTR's");
employees with procurement warrants;
employees with signature authority to commit agency
funds;
key Information Technology personnel responsible for
computers or telecommunications;
persons responsible for software development or procurement;
"Web masters" or equivalent persons; and
any other people knowledgeable about your component's
electronic and information technology.
(2) collect the completed forms, including electronic
copies, by _________________________, the date set
by your agency;
(3) enter all information from the Component Questionnaire
onto the Internet web page established for this purpose:
www.508.org
3
and print a copy for your records;
(4) return a print-out of your Internet submission
to your Designated Agency Official:
Name: __________________________________
Title: __________________________________
Address: __________________________________
__________________________________
__________________________________
Phone: __________________________________
Q3: Should each person who receives the attached Questionnaire
answer all questions based on his or her knowledge
of the agency as a whole?
A: No. Each such person should complete the Questionnaire
and submit the information on the Internet only as
it pertains to the limits of his or her authority or
control within your component to ensure that overlapping
responses are not generated. Your Designated Agency
Official will inform you if you are responsible for
evaluating a particular agency-wide application, such
as agency-wide pages on the World Wide Web or agency
wide e-mail systems.
Q4: How will our information be used by the Attorney
General?
A: The Attorney General will report to the President
the extent to which electronic and information technology
used by the federal government is accessible to and
useable by persons with disabilities. Your agency's
answers will assist the Attorney General in preparing
a thorough and accurate "snapshot" evaluation of the
extent to which persons with disabilities have equal
access to and use of technology as persons who do not
have disabilities, as well as helping her make appropriate
follow-up recommendations.
Q5: Why is the Department requiring components to
submit their information on the Internet?
A: Submission of information on the Internet will
automatically enter all component information into
a searchable database that will greatly facilitate
the preparation of the Attorney General's report to
the President, while resulting in substantial cost
savings.
Q5: What is "electronic and information technology?"
A: Section 508 requires the Access Board, by February
7, 2000, to define "electronic and information technology"
in a manner that is consistent with the definition
of "information technology" used in the Clinger-Cohen
Act, 40 U.S.C. þ 1401(3). The Clinger-Cohen definition
of information technology includes "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." 40 U.S.C. þ 1401(3)(A). It includes,
but is not limited to, "computers, ancillary equipment,
software, firmware, and similar procedures, services
(including support services) and related resources."
þ 1401(3)(B).
Section 508 specifically exempts from coverage national
security systems, as that term is used in section 5142
of the Clinger-Cohen Act, 40 U.S.C. þ 1452.
Because the Access Board will not issue its definition
of "electronic and information technology" until February
7, 2000, you should not infer that a specific example
of technology covered by this Questionnaire is "electronic
and information technology" for which the Access Board
will be publishing standards.
Q6: Are there any published standards that will guide
my agency in determining the extent to which its electronic
and information technology is currently accessible
to and useable by persons with disabilities?
A: No. The Access Board is charged with developing
such standards by February 7, 2000. In the interim,
however, there are many private and governmental resources
upon which you can draw. Many of these resources are
listed in the "Resource List" that is distributed with
this document.
Q7: I don't understand why it is important for my
agency to determine whether its mainstream electronic
and information technologies are accessible. Can't
people with disabilities use separate assistive technologies
specifically designed for them instead?
A: Not necessarily. The increasing complexity and
interaction of electronic and information technologies
often makes it impossible to "layer" assistive technologies
for use on top of mainstream applications unless those
applications were designed with accessibility in mind.
For example, someone who is blind may use a word processing
program in conjunction with a screen reader, which
is designed to "voice" the information portrayed on
the screen to the user. If an agency's word processing
program uses icons without text labels, the screen
reader cannot work properly and the person who is blind
would be unable to use the word processor. While non
disabled employees would be able to access file libraries
and shared files, the inaccessible word processor would
lock out the user with a disability from many aspects
of information sharing.
Q8: Some of the questions in the Component Questionnaire
ask whether a specific example of technology used by
my agency is accessible to people with certain types
of disabilities. Does this mean that there is always
a technological solution that will provide access to
people with all kinds of disabilities?
A: No. There are some types of technology for which
there are currently no ways to make them accessible
to persons with disabilities. If accessible technology
does not exist, then an agency may rely on the "undue
burden" defense of section 508 and may procure inaccessible
technology. Even if it is an undue burden to provide
accessible technology, federal agencies must ensure
that access to information is provided through some
other accessible means.
Q9: In what other instances is the "undue burden"
defense applicable?
A: An agency may legitimately claim that procurement
of accessible technology is an "undue burden" -- and
thus not required by section 508 -- when it would pose
a "significant difficulty or expense," such as when
accessible technology is generally unavailable in the
mass market or when it is significantly too expensive
to be obtained given the scope of the procurement at
issue. Even if it is an undue burden to provide accessible
technology, federal agencies must ensure that access
to information is provided through some other accessible
means.
Q10: Can our agency by-pass the self-evaluation process
and provide the Attorney General with information about
our agency's reasonable accommodation policies and
procedures?
A: No. This self-evaluation process focuses on your
technology rather than looking at how your agency provides
reasonable accommodations to specific individuals with
known disabilities. It is important that you conduct
this self-evaluation without regard to whether your
agency or its components have employees with disabilities
or communicate with members of the public who have
disabilities.
Q11: What topics are covered by the Component Questionnaire?
A: The Component Questionnaire covers the following
topics:
Procurement Policies and Procedures
Telecommunications
Computer and Network Based Applications and Services
Information Transaction Machines
Other IT Equipment
----------
Software Accessibility Checklist
1
This Checklist should serve as a tool for evaluating
the extent to which software applications are accessible
to most people with disabilities. This document is
based on the U.S. Department of Education's "Requirements
for Accessible Software Design," including the technical
guidance that appears as Appendix A to the "Requirements."
The "Requirements" document and the appendix are available
at:
http://ocfo.ed.gov/coninfo/clibrary/software.htm
More specific recommendations for how to design accessible
software can be obtained from Joe Tozzi or others on
the Assistive Technology Team in the Department of
Education's Office of the Chief Information Officer
Technology Center, (202) 708-7298 (voice), (202) 401
8510 (TTY), Internet: [log in to unmask]
Although the Department of Education's guidelines may
differ from the legally-enforceable standards that
the Access Board will promulgate by February 7, 2000,
they are among the most helpful references currently
available to assist your agency in determining the
extent to which your software applications are accessible
to and useable by persons with disabilities.
When evaluating your software applications, be sure
to test them under the same circumstances under which
employees or members of the public with disabilities
would be using them. For instance, if you use off
the-shelf software on a network environment, test the
software on the same network, not in a stand-alone
environment.
NOTE: In addition to filling out this "Software Accessibility
Checklist," you must also test each application by
running it with assistive technologies commonly used
by persons with disabilities, including, at a minimum,
screen readers, and, if possible, alternate input devices,
screen enlargement software, and voice recognition
software and devices. Make a note of any problems
encountered during this exercise in the space provided
on page 5.
Person filling out this Checklist:
Component/Agency: ______________________________________________
______________
Name: __________________________________________________________
______________
Title: _________________________________________________________
________________
Telephone: _____________________________________________________
_______________
Fax number: ____________________________________________________
_______________
E-mail address: ________________________________________________
_________________
Software application under review:
Title/Version: _________________________________________________
_________________
Developer (give full name, no acronyms): _______________________
_____________________
Customization: choose the most appropriate description:
(a) commercial off-the-shelf software (used "as
is")
(b) commercial software, but modified for agency
use
(c) custom software developed under contract
(d) custom software developed in-house
Description: choose the most appropriate:
(a) word processor
(b) spreadsheet
(c) database
(d) groupware
(e) e-mail
(f) Internet browser
(g) other Internet access
(h) online database access
(i) other (describe): ____________________
Used by approximately ____ members of the public
and _____ Federal employees on a weekly basis .
Category
Question
Y
N
N/A
Keyboard Access
1. Does the software provide keyboard equivalents
for all mouse actions, including buttons, scroll windows,
text entry fields, and pop-up windows?
Keyboard Access
2. Does the program provide clear and precise instructions
for use of all keyboard functions as part of the user
documentation?
Keyboard Access
3. Are instructions regarding keyboard use widely
available for all users in your component?
Keyboard Access
4. Does the software have a logical tabbing order
among fields, text boxes, and focal points?
Keyboard Access
5. When navigating screens and dialog boxes using
the keyboard, does the focus follow a logical tabbing
order?
Keyboard Access
6. Is there a well-defined focal point that moves
with keyboard navigation? (e.g., can you use the arrow
keys to navigate through a list followed by pressing
the ENTER key or space bar to select the desired item)?
Keyboard Access
7. Are shortcut keys provided for all pull-down menus?
Keyboard Access
8. Does the software support existing accessibility
features built into the operating system (e.g., sticky
keys, slow keys, repeat keys in Apple Macintosh OS
or Microsoft Windows 95)?
Timing
9. If timed responses are present, does the software
allow the user to modify the timing parameters of any
required timed responses?
Screen Elements
10. Are all descriptions or labels for fields positioned
immediately to the left or directly above the control,
and do they end in a colon, so that it is easy for
screen reading software to associate the labels with
the corresponding fields?
Screen Elements
11. Does every window, object, and control have a
clearly named label?
Screen Elements
12. Does the software application use standard controls
rather than owner-drawn or custom controls?
Icons
13. Does the software have a user selectable option
to display text on icons, i.e., text only icons or
bubble help?
Icons
14. Is the use of icons consistent throughout the
application?
Icons
15. Are menus with text equivalents provided for all
icon functions or icon selections on menu, tool, and
format bars?
Sounds
16. If there are audio alerts, are visual cues also
provided?
Note: Most operating systems handle this issue in
the client/server environment; the question is most
relevant in a dumb terminal environment.
Sounds
17. Does the software support the "show sounds" feature
where it is built into the operating system?
Sounds
18. Can the user disable or adjust sound volume?
Sounds
19. If information is provided in an audio format,
is it also capable of being displayed by the user in
a visual format?
Display
20. Is the software application free of patterned
backgrounds used behind text or important graphics?
Display
21. Can a user override default fonts for printing
and text displays?
Display
22. Can a user adjust or disable flashing, rotating,
or moving displays?
Color
23. Does the software ensure that color-coding is
never used as the only means of conveying information
or indicating an action?
Color
24. Does the application support user-defined color
settings system-wide?
Color
25. Is highlighting also viewable with inverted colors?
Size
26. If the software application draws its own screen
elements, does it pick up the size settings that the
user has selected in the Control Panel?
Documentation
27. Are all manuals and documentation prat as well
as ASCII text files, including text descriptions of
any charts, graphs, pictures, or graphics of any nature?
Documentation
28. Can a user choose to have any report generated
by the software made available in a "print to ASCII
file" format?
Training
29. Is special training provided for users with disabilities
that will enable them to become familiar with the software
and learn how to use it in conjunction with assistive
technology provided as an accommodation?
30.
After you have evaluated this application using the
Checklist, test it by running the application with
a sampling of the common assistive technologies used
by persons with disabilities (including, at a minimum,
screen readers, and, if possible, alternate input devices,
screen enlargement software, and voice recognition
software and devices). Describe the accessibility
successes and problems you encountered during these
testing exercises, as well as your plans for addressing
any problems:
----------
ITM Accessibility Checklist
1
This Checklist should serve as a tool for evaluating
the extent to which Information Transaction Machines
-- or "ITM's" -- are accessible to and usable by most
people with disabilities. ITM's include, but are not
limited to, the following:
ATM's (automated teller machines);
ticket vending machines;
computer kiosks;
electronic building directories;
fare machines; and
point of sale customer card payment systems
This Checklist is partly based on the publication,
"User Needs, and Strategies for Addressing Those Needs"
(hereinafter, "Strategies") by the Trace Research and
Development Center of the University of Wisconsin-Madison,
which can be found at:
http://www.trace.wisc.edu/world/kiosks/itms/needs.html
The development of the Trace Center's publication was
funded by the National Institute on Disability and
Rehabilitation Research ("NIDRR") of the U.S. Department
of Education under grant number H133E30012. Use of
the Trace Center's materials does not constitute an
endorsement of the Trace Center or its work by the
Department of Justice. Likewise, the Department of
Justice's ITM Accessibility Checklist has not been
adopted, endorsed by, or in any way approved by the
Trace Center, NIDRR, or the Department of Education.
Note: The Trace Center's "Strategies" may differ from
the legally-enforceable standards that the Access Board
will promulgate by February 7, 2000.
Person filling out this Checklist:
Component/Agency: ______________________________________________
______________
Name: __________________________________________________________
______________
Title: _________________________________________________________
________________
Telephone: _____________________________________________________
_______________
Fax number: ____________________________________________________
_______________
E-mail address: ________________________________________________
_________________
ITM application under review:
Type (choose the most appropriate description):
(a) automated teller machine (ATM)
(b) ticket vending machine
(c) information or computer kiosk
(d) electronic building directory
(e) point of sale card payment system
(f) fare machine
(g) other Ä describe: _________________________________________
__________
Hardware Manufacturer: _________________________________________
________________
Model: _________________________________________________________
______________
Software: ______________________________________________________
_______________
Number of units of this model operated or used by component:
___________________________
Used by approximately ______ members of the public
and ___________ Federal employees on an average weekly
basis.
Hours of availability (choose the most appropriate):
(a) 24 hours a day, seven days a week
(b) normal business hours, weekdays only
(c) normal business hours, 7 days a week
(d) extended business hours, weekdays only
(e) extended business hours, weekdays and some weekend
hours
Question
Y
N
N/A
1. Can the user change sound settings, such as volume?
2. For all visual information and cues, are there
simultaneous corresponding audible information and
cues?
3. Is there sufficient contrast between foreground
and background colors or tones so that a person with
low vision can use the technology, or is it possible
for the user to select foreground and background colors?
4. Is all text information displayed large enough
that it can be read by someone with low vision, or
is it possible for the user to select an enlarged display?
5. Can users select speech input?
6. If speech input is used, is an alternative method
available for inputting information, such as typing
on a keyboard or scanning printed material, so that
someone who cannot speak can use the technology?
7. For all sound cues and audible information, such
as "beeps," are there simultaneous corresponding visual
cues and information?
8. Is there a headphone jack to enable the user to
use an assistive listening system to access audible
information?
9. Can users simultaneously change the visual display
settings and the sound settings?
10. Can the user read displayed output with a tactile
display such as Braille?
11. Does the technology allow the user to use scanning
input?
12. Is the technology manufactured such that it allows
a person using a wheelchair to approach the technology,
including all controls, dispensers, receptacles, and
other operable equipment, with either a forward or
parallel approach?
13. Is the technology manufactured so that, if the
equipment is properly placed, the highest operable
part of controls, dispensers, receptacles, and other
operable parts fall within at least one of the following
reach ranges?
If a forward approach is required, the maximum
high forward reach is 48 inches.
If a side approach is allowed, and the reach is
not over an obstruction, the maximum high side reach
is 54 inches; if it is over an obstruction which is
no more than 24 inches wide and 34 inches high, the
maximum high side reach is 46 inches.
14. If electrical and communication system receptacles
are provided, are they mounted no less than 15 inches
above the floor?
15. Are all controls and operating mechanisms operable
with one hand and operable without tight grasping,
pinching, or twisting of the wrist?
16. Is the force required to operate or active the
controls no greater than 5 lbf?
17. Are instructions and all information for use accessible
to and independently usable by persons with vision
impairments?
18. Is the technology manufactured in such a way that
it can be made detectable to persons with visual impairments
who use canes to detect objects in their path?
Note: Objects projecting from walls with their
leading edges between 27 in. and 80 in. above the finished
floor should protrude no more than 4 in. into walks,
halls, corridors, passageways, or aisles. Objects
mounted with their leading edges at or below 27 in.
above the finished floor may protrude any amount.
Free-standing objects mounted on posts or pylons may
overhang 12 in. maximum from 27 in. to 80 in. above
the ground or finished floor.
19.
After you have evaluated this ITM using the Checklist,
have users with a wide variety of disabilities test
it for accessibility. Describe the accessibility successes
and problems they encountered during these exercises,
including any suggestions for improvement:
----------
IT Equipment Accessibility Checklist
1
This Checklist should help you evaluate the extent
to which your component's information technology equipment
(including Ä but not limited to Ä printers, fax machines,
and copiers) is accessible to and usable by most people
with disabilities. You should evaluate each model
by each manufacturer, whether or not there is another
type of equipment available that is accessible to people
with disabilities and whether or not reasonable accommodations
are provided to individuals with disabilities.
Person filling out this Checklist:
Component/Agency: ______________________________________________
______________
Name: __________________________________________________________
______________
Title: _________________________________________________________
________________
Telephone number: ______________________________________________
_______________
Fax number: ____________________________________________________
_______________
E-mail address: ________________________________________________
_________________
Equipment under review:
Type (choose one):
(a) printer
(b) fax machine
(c) copier
(d) other -- describe: _______________________________________
____________
Manufacturer: __________________________________________________
________________
Model: _________________________________________________________
______________
Number of units of this model operated or used by component:
__________________________
Used by approximately ______ members of the public
on a weekly basis.
Used by approximately __________ Federal employees
on a weekly basis.
Hours of availability (choose the most appropriate):
(a) 24 hours a day, seven days a week
(b) normal business hours, weekdays only
(c) normal business hours, 7 days a week
(d) extended business hours, weekdays only
(e) extended business hours, weekdays and some weekend
hours
Question
Y
N
N/A
1. Can the user change sound settings, such as volume?
2. Are any displays Ä including liquid crystal displays
Ä readable by persons who are in a seated position,
such as those who use wheelchairs?
3. For free-standing equipment, is the highest operable
part of controls, dispensers, receptacles, and other
operable equipment placed within at least one of the
following reach ranges?
(a) If a forward approach is required, the maximum
high forward reach is 48 inches.
(b) If a side approach is allowed, and the reach
is not over an obstruction, the maximum high side reach
is 54 inches; if it is over an obstruction which is
no more than 24 inches wide and 34 inches high, the
maximum high side reach is 46 inches.
4. Are status information and cues that are provided
in a visual manner also available in an audible manner
for persons with visual impairments?
5. For fax machines, does the machine provide line
status information (such as notifying the user of a
"busy" fax line) in a visual manner (either text display
or status lights) for users who are deaf or hard of
hearing?
6. Is the force required to operate or active controls
no greater than 5 lbf?
7. Can users confirm their selections?
For instance, if a person has limited fine motor
control, such as a person who has a palsy, it is helpful
for him or her to have the opportunity to confirm selections
Ä such as "number of copies" selected Ä before the
operation begins.
8. Are controls and operating mechanisms operable
with one hand and operable without tight grasping,
pinching, or twisting of the wrist?
9. Is there a headphone jack for accessing information
by users of assistive listening systems?
10. Are instructions and all information for use accessible
to and independently usable by persons with vision
impairments, such as with recorded information or Braille
labels and directions?
11. Are there alternate operating mechanisms for persons
who cannot use push-style controls?
Ex. For instance, are there alternative methods
of control Ä such as voice activation Ä for routine
tasks?
12.
After you have evaluated this equipment using the Checklist,
have users with a wide variety of disabilities test
it for accessibility. Describe the accessibility successes
and problems they encountered during these exercises,
including your plans for addressing any problems:
----------
Section 508 Resource Guide
The Architectural and Transportation Compliance Board
("Access Board") is responsible for developing technical
and functional performance criteria for electronic
and information technology covered by Section 508.
Although the law itself does not include accessibility
standards, it does provide some guidance on its coverage.
First, Section 508 does not require Federal agencies
or departments to provide special accessible equipment
for people with disabilities at any location other
than where electronic and information technology is
provided to the public. Second, Section 508 does not
require the installation of specific accessibility
related computer software or hardware at the workstation
of a non-disabled employee.
In general, electronic and information technology
becomes accessible to persons with disabilities when
it can be used or accessed through more than one sense
or ability. For instance, an electronic mail system
that cannot be adapted for use with a screen reader
may be inaccessible to a person with a visual impairment.
In this example, Section 508 would not require the
agency to provide electronic screen reading software
or hardware at each employee's workstation; however,
Section 508 may require that any new electronic mail
software be compatible with screen reading software
and hardware. Similarly, an Internet website that
can only be used with a computer mouse may be inaccessible
to people who cannot use a mouse because of dexterity
or visual impairments. In this example, Section 508
may require that the agency also maintain a separate
website that is compatible with Internet browser software
that can be operated with a keyboard cursor.
Both the Access Board and the General Services Administration
are responsible for providing technical assistance
for compliance with Section 508. In February 2000,
the Access Board will issue regulations detailing requirements
for Federal agencies. Until that time, the following
resources may be useful in developing, procuring, maintaining,
and using accessible electronic and information technology.
This listing does not constitute an endorsement of
these resources by the Department of Justice and is
intended only to provide examples of a range of possible
resources. The Department of Justice will periodically
update this list of resources on its Internet website
at http://www.usdoj.gov/crt/508.
1. OTHER GOVERNMENT AGENCIES
Other government agencies have a wealth of information
for making electronic and information technology accessible
to persons with disabilities.
a. Access Board
The Access Board is responsible for developing
standards for compliance with Section 508. In addition,
the Access Board has developed accessibility standards
for other Federal legislation. The Access Board maintains
a website at http://www.access-board.gov.
b. Department of Education
The Department of Education has been a leader
in assisting persons with disabilities through technological
solutions. The Department of Education has also been
at the forefront of evaluating software for accessibility.
The Department of Education maintains a website at
http://www.ed.gov.
c. General Services Administration (CITA)
The Center for Information Technology Accommodation
("CITA") of the U.S. Government's General Services
Administration ("GSA") is nationally recognized as
a model demonstration facility for instituting accessible
information environments, services, and management
practices. CITA shares the important goal of achieving
"maximally accommodating" public information infrastructures
with an informal, growing network of public and private
sector partners. CITA maintains a website at http://www.itpolic
y.gsa.gov/cita/index.htm.
2. GENERAL INFORMATION ABOUT SECTION 508
The following websites provide general information
about Section 508.
a. Section 508, 29 U.S.C. þ 798
The text of Section 508 may be found at the Department
of Justice's website at http://www.usdoj.gov/crt/508.
b. Definition of "Information Technology" (Clinger
Cohen Act of 1996)
Section 508 of the Rehabilitation Act requires
that the Access Board issue standards defining "electronic
and information technology that is consistent with
the definition of information technology specified
in Section 5002(3) of the Clinger-Cohen Act of 1996"
(40 U.S.C. 1401(3)). The text of that definition can
be found at the Department of Justice's website at
http://www.usdoj.gov/crt/508.
c. Questions and Answers Regarding Section 508
(Department of Education)
The Department of Education has prepared an information
"Questions and Answers" document regarding Section
508 of the Rehabilitation Act. A copy of this publication
is available from the Department of Education and can
be found at the Department of Education's website at
http://www.ed.gov.
d. Managing Information Resources for Accessibility
This manual, prepared by GSA's Center on Information
Technology Accommodation ("CITA"), covers policy issues
and practical concerns for information accessibility
to accommodate users with disabilities. A copy of
this manual is available at http://www.itpolicy.gsa.gov/cita/fro
nt.htm.
3. GENERAL INFORMATION ABOUT ACCESSIBLE
ELECTRONIC AND INFORMATION TECHNOLOGY
The following resources provide general information
about accessible electronic and information technology.
a. Trace Research and Development Center
The Trace Research and Development Center of
the University of Wisconsin- Madison develops universal
design principles incorporating accessibility for persons
with disabilities. The Trace Research and Development
Center maintains a website at http://trace.wisc.edu.
b. Archimedes Project (Stanford University)
The Archimedes Project is a multi-disciplinary
research group devoted to ensuring universal access
to information regardless of an individual's needs,
abilities, or preferences. Current research projects
include development of the Total Access System (TAS),
which will provide universal access to any computer
based equipment, and the development of various "Accessors,"
which will provide access to computer information for
people with a multitude of disabilities. The Archimedes
Project maintains a website at http://www-csli.stanford.edu/arch
/arch.html.
4. INTERNET ACCESSIBILITY
Several private and public organizations provide
guidance for developing accessible web pages.
a. World Wide Web Consortium's Web Accessibility
Initiative (WAI)
The Web Accessibility Initiative works with other
organizations for the development of web accessibility
standards (including guidelines for page authoring)
and educates, researches, and develops web accessibility
standards. The Web Accessibility Initiative maintains
a website with useful information at http://www.w3.org/WAI.
b. City of San Jose WWW Page Accessibility Standard
In 1996, San Jose, California, developed basic
web page accessibility standards that have been designated
as a "best practices" model by the League of California
Cities. These standards can be found at http://www.ci.san
jose.ca.us/oaacc/disacces.html.
c. Trace Research and Development Center
The Trace Research and Development Center addresses
web accessibility and includes information about the
compatibility of browsers with adaptive hardware and
software. The Trace Center also provides links to
other organizations involved in the development of
standards for accessible website design. The Trace
Center maintains a website at http://trace.wisc.edu.
In addition, the Trace Center, in conjunction with
Adobe Systems, hosts a service for conversion of .pdf
files (a multi-platform document format used on many
Internet web sites) to either plain text or html format
via e-mail. Information regarding this service can
be found at http://access.adobe.com, a website maintained
by Adobe Systems, Incorporated.
d. Center for Applied Special Technology ("CAST")
CAST is an educational, not-for-profit organization
that uses technology to expand opportunities for all
people, including those with disabilities. CAST maintains
a dynamic website called "Bobby" that analyzes web
pages currently on the Internet for their compliance
with web accessibility standards and provides a summary
of any problems that may be encountered by visitors
to the website. CAST's homepage can be found at http://www.cast
.org.
e. IBM Special Needs Systems
IBM has developed and collected useful information
for ensuring that computer information is accessible
to persons with disabilities. Included in their webpage
is information for making web pages and Javatm applications
(a popular computer language used commonly in Internet
websites) accessible. Their website can be found at
http://www.austin.ibm.com/sns/access.html.
f. Government of Canada
The Canadian Government has also been working
on providing access to persons with disabilities to
government services or activities offered through the
Internet. Useful and up-to-date information about
their efforts can be found at a website http://w3.pwgsc.gc.ca/fo
rum/.
g. Adobe Systems
Adobe Systems Incorporated manufactures Adobe
Acrobat, a program used to create and read so-called
.pdf files (a multi-platform document format that is
becoming increasingly popular on Internet web sites).
To assist users with disabilities accessing .pdf files,
Adobe Systems maintains a website at http://access.adobe.com
that discusses conversion of .pdf files to more accessible
formats. In addition, Adobe Systems, in conjunction
with the Trace Research and Development Center, has
developed a service for conversion of .pdf files to
other file formats via e-mail.
5. PROCUREMENT ISSUES
a. Managing Information Resources for Accessibility
This manual, prepared by GSA's Center on Information
Technology Accommodation ("CITA"), covers policy issues
and practical concerns for information accessibility
to accommodate users with disabilities. This manual
also includes clauses from non-binding Federal Information
Resources Management Regulations (FIRMR) addressing
procurement of accessible technology. A copy of this
manual is available at http://www.itpolicy.gsa.gov/cita/front.ht
m.
b. Office of Management and Budget Circular A
130
This document contains excerpts from the Federal
government's policy directive for promoting the application
of technology to improve the use and dissemination
of information by Federal agencies. It states that
Federal information must be made accessible to members
of the public with disabilities. A copy of this document
can be found at GSA's website at http://www.itpolicy.gsa.gov/lib
rary.htm.
6. SOFTWARE DESIGN AND DEVELOPMENT
a. Requirements for Accessible Software Design
(Department of Education)
The Department of Education has established software
requirements that it is now using in all of its contracts
to ensure the accessibility of its programs and activities
to individuals with disabilities. These standards
can be found at http://ocfo.ed.gov/coninfo/clibrary/software.htm
b. Trace Research and Development Center
The Trace Research and Development Center has
also researched and developed standards for accessible
software. The Trace Research and Development Center
maintains a website at http://trace.wisc.edu, which
includes standards for software accessibility and links
to other organizations that may assist in making operating
systems and computer software accessible for persons
with disabilities.
c. National Software Testing Labs ("NSTL")
NSTL provides testing services on a contract
basis to hardware manufacturers, software developers
and publishers, corporations, and government agencies.
NSTL provides a website that includes contact information
and a description of their services at http://www.nstl.com.
7. TELECOMMUNICATIONS ISSUES
By February 7, 2000, the Access Board will determine
the manner in which telecommunications equipment must
be accessible to persons with disabilities under Section
508. Standards developed by the Access Board for compliance
with the Telecommunications Act of 1996 -- which affects
the design, development, and fabrication of telecommunications
equipment and customer premises equipment -- provide
some interim guidance. In addition, the Federal Communications
Commission has adopted rules regarding closed captioning.
a. Telecommunications Act Accessibility Guidelines.
The Access Board has developed guidelines for
compliance with the Telecommunications Act of 1996.
These standards include design features that affect
the usability of telecommunications equipment by persons
with disabilities. The standards can be accessed at
http://www.access-board.gov/rules/telfinl2.htm.
b. Federal Communication Commission Closed Captioning
Rules
Pursuant to Section 305 of the Telecommunications
Act, the Federal Communications Commission has required
closed captioning of televised information and has
encouraged use of EIA-608 standards for closed captioned
programs. The text of the rule can be accessed from
the Federal Communications Commission at http://www.fcc.gov/dtf/
caption.html.
8. INFORMATION/TRANSACTION MACHINES (ITM's)
Information/Transaction machines (ITM's) include
ATM's, fare vending machines, informational kiosks,
and other unattended machines for conducting transactions
or providing information. Of course, because ITM's
are physical objects, compliance with Section 508 may
also require that the physical design of the ITM's
comports with hardware design standards.
a. The Access Board
The Access Board has been researching the accessibility
of the ITM's in cooperation with disability rights
organizations and the Trace Research and Development
Center. A draft copy of their final report can be
accessed from their website at http://www.access-board.gov.
b. Trace Research and Development Center
The Trace Research and Development Center is
currently researching the accessibility of ITM's through
a grant from the Access Board. The Trace Research
and Development Center maintains a website at http://trace.wisc.
edu.
9. HARDWARE DESIGN STANDARDS
Electronic and information technologies may also
take the form of physical objects, such as fax machines,
telephones, and ITM's. As noted above, Section 508
does not require the installation of specific adaptive
hardware or software at the workstation of a non-disabled
Federal employee. When this technology may be used
by more than one employee or may be used by members
of the public, however, Section 508 may require that
this technology be accessible to persons with disabilities.
a. The Access Board
The Access Board has established guidelines for
compliance with the Americans with Disabilities Act
(ADA) that includes specific standards for reach ranges,
controls and operating mechanisms, and alarms, which
may be useful in developing the physical design of
hardware. These guidelines can be found on the Access
Board's website at http://www.access-board.gov/bfdg/adaag.htm.
b. IBM Special Needs Systems
IBM has developed and collected useful information
for ensuring that computer hardware and software is
accessible to persons with disabilities. The appropriate
website can be found at http://www.austin.ibm.com/sns/access.htm
l.
----------
United States Department of Education
Q & A
TITLE IV--REHABILITATION ACT AMENDMENTS OF 1998
SECTION 508: ELECTRONIC AND INFORMATION TECHNOLOGY
1) What is Section 508?
Section 508 is a part of the Rehabilitation Act of
1973 which requires that electronic and information
technology developed, procured, maintained, or used
by the Federal government be accessible to people with
disabilities. On August 7, 1998, the President signed
into law the Workforce Investment Act of 1998, which
includes the Rehabilitation Act Amendments of 1998.
Section 508 was originally added to the Rehabilitation
Act in 1986; the 1998 amendments significantly expand
and strengthen the technology access requirements in
Section 508.
2) How do these changes to Section 508 improve upon
the earlier version?
The old version of Section 508 established non-binding
guidelines for technology accessibility, while the
new version will create binding, enforceable standards
and will incorporate these standards into Federal procurement
regulations. Federal agencies will use these standards
in all their electronic and information technology
acquisitions. Consistent government-wide standards
will make it easier for Federal agencies to meet their
existing obligations to make their technology systems
accessible to people with disabilities, and will promote
competition in the technology industry by clarifying
the Federal market's requirement for accessibility
in general products. The new version of Section 508
also establishes a complaint procedure and reporting
requirements, which further strengthen the law.
3) Who does Section 508 apply to?
Section 508 applies to Federal departments and agencies.
It does not apply to recipients of Federal funds,
and does not regulate the private sector. However,
states which receive Federal funds under the Technology
Related Assistance for Individuals with Disabilities
Act of 1988, are required by that Act to comply with
Section 508.
4) What does Section 508 require of Federal agencies
and departments?
Section 508 requires that when Federal agencies develop,
procure, maintain, or use electronic and information
technology, they must ensure that it is accessible
to people with disabilities, unless it would pose an
undue burden to do so. Federal employees and members
of the public who have disabilities must have access
to and use of information and services that is comparable
to the access and use available to non-disabled Federal
employees and members of the public.
New standards will be established to help Federal agencies
determine whether or not a technology product or system
is accessible. Federal agencies must comply with these
technology accessibility standards for all electronic
and information technology acquired on or after August
7, 2000. If a Federal agency determines that it would
pose an undue burden to comply with the standards,
it must still provide information and data to individuals
with disabilities through an alternative means of access
that can be used by the individuals.
5) How will these technology accessibility standards
be developed?
By February 7, 2000 the Architectural and Transportation
Barriers Compliance Board (Access Board) will issue
and publish standards that will define which electronic
and information technology is covered by Section 508,
and will describe what is meant by `accessible technology'
by setting forth the technical and functional performance
criteria necessary to implement the accessibility requirements.
The Access Board will consult with the Departments
of Education, Commerce, and Defense, the General Services
Administration, the Federal Communications Commission,
the electronic and information technology industry,
and disability organizations; these organizations will
sit on an Electronic and Information Technology Access
Advisory Committee (EITAAC) to advise the Access Board
as it develops the standards.
Six months after the Access Board publishes the standards,
the Federal Acquisition Regulatory Council will revise
the Federal Acquisition Regulation and each Federal
department or agency shall revise the Federal procurement
policies and directives under their control to incorporate
the standards. The Access Board will periodically
review and update the standards as necessary.
6) What are Federal agencies required to do in the
short-term to comply with Section 508?
Within six months agencies must evaluate their current
electronic and information technology systems for accessibility
to individuals with disabilities, and submit a report
to the Attorney General containing the results of the
evaluation.
7) What other reporting requirements does Section 508
create?
Within eighteen months the Attorney General must submit
a report to the President on the extent to which the
electronic and information technology of the Federal
Government is accessible to individuals with disabilities.
In addition, every two years thereafter the Attorney
General must report to the President and the Congress
on Federal agency compliance with the requirements
of the law, and on any actions on individual complaints.
8) Where can Federal agencies go for technical assistance?
The General Services Administration and the Access
Board will provide technical assistance on the requirements
of Section 508. Agencies and individuals may also
seek information from the many public, non-profit,
educational, or private institutions and organizations
that specialize in making technology accessible to
people with disabilities. These organizations, along
with companies in the electronic and information technology
industry, can assist agencies in identifying innovative
technology or in developing accessible technology solutions.
9) Are there any exemptions to the technology accessibility
standards?
A Federal agency does not have to comply with the accessibility
standards if it would impose an undue burden to do
so. This is consistent with language used in the Americans
with Disabilities
Act (ADA) and other civil rights legislation, where
the term `undue burden' has been defined as
"significant difficulty or expense." However, the
agency must explain why meeting the standards would
pose an undue burden for a given procurement action,
and must still provide people with disabilities access
to the information or data that is affected.
Section 508 contains a limited exemption for national
security systems as defined by the Clinger-Cohen Act
of 1996. These are systems used for military command,
weaponry, intelligence, and cryptologic activities.
The exemption does not apply to routine business and
administrative systems used for other defense-related
purposes or by defense agencies or personnel.
10) How will Section 508 be enforced?
Because the Section 508 standards will be incorporated
into the Federal Acquisition Regulation (FAR), agencies'
procurement of accessible technology will be subject
to the same stringent compliance and enforcement mechanisms
as other parts of the FAR.
There is also an administrative complaint process which
becomes effective on August 7, 2000, two years after
the date of enactment. It enables any individual with
a disability to file a complaint alleging that a Federal
department or agency has not complied with the accessible
technology standards in a procurement made after August
7, 2000. The complaint process is the same as that
used for Section 504 of the Rehabilitation Act, for
complaints alleging discrimination on the basis of
disability in Federally-conducted programs or activities.
It provides injunctive relief and attorney's fees
to the prevailing party, but does not include compensatory
or punitive damages.
11) What is meant by `electronic and information technology'?
The Access Board will set forth in its standards a
definition of `electronic and information technology'
consistent with the Clinger-Cohen Act of 1996. That
Act defines `information technology' to include "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." It includes computer hardware,
software, networks, and peripherals as well as many
electronic and communications devices commonly used
in offices.
12) What does the law mean by `accessible'?
The standards developed by the Access Board will explain
the detailed technical and functional performance criteria
that will determine whether a technology product or
system is `accessible.'
In general, an information technology system is accessible
to people with disabilities if it can be used in a
variety of ways that do not depend on a single sense
or ability. For example, a system that provides output
only in audio format would not be accessible to people
with hearing impairments, and a system that requires
mouse actions to navigate would not be accessible to
people who cannot use a mouse because of a dexterity
or visual impairment. Section 508 focuses on the overall
accessibility of electronic and information systems,
not on providing
accommodations at individual worksites. Individuals
with disabilities may still need specific accessibility
related software or peripheral devices to be able to
use an accessible system. For
example, in order to use an accessible word-processing
program, a person who is blind may need add-on software
that reads text aloud; if the word-processing program
could not be made compatible with a screen-reading
program, it would not be accessible.
13) How does Section 508 apply to other Federal laws?
Section 508 in no way replaces or otherwise limits
the rights or remedies available under any other existing
Federal law that protects the rights of people with
disabilities. As part of the Rehabilitation Act, it
clarifies and strengthens the Federal government's
existing obligation to ensure that technology is accessible
to people with disabilities.
----------
End of Document
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