Date: Mon, 5 Apr 1999 08:26:40 -0400 (EDT) From: Lawrence Scadden To: eitaac@trace.wisc.edu 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: Lscadden@nsf.gov ---------- 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), _ 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 - 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. _ 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. _ 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 - "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 - 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 - in an electronic format, and, if desired, on paper - 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: sec508.questions@usdoj.gov 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. _ 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. _ 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." _ 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. _ 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. _ 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. _ 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." _ 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. _ 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: Joe_Tozzi@ed.gov. 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 - 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 - but not limited to - 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 - including liquid crystal displays - 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 - such as "number of copies" selected - 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 - such as voice activation - 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. _ 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 .