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**Section 508 Reference Manual**

October 23, 2003

An Office of the Chief Information Officer Publication

**USDA Section 508 Reference Manual**

Table of Contents

[Section 1. Introduction 5](#section-1.-introduction)

[1.1 Purpose 5](#purpose)

[1.2 Background 6](#background)

[Section 2. Section 508: The Law 7](#section-2.-section-508-the-law)

[2.1 Background 7](#background-1)

[2.2 Definition of Electronic and Information Technology (EIT).
8](#definition-of-electronic-and-information-technology-eit.)

[2.3 Electronic and Information Technology Accessibility Standards
(Technical Standards)
8](#electronic-and-information-technology-accessibility-standards-technical-standards)

[2.4 Federal Acquisition Regulations (FAR)
10](#federal-acquisition-regulations-far)

[2.5 Exceptions 10](#exceptions)

[2.6 Equivalent Facilitation 11](#equivalent-facilitation)

[2.7 Commercial Availability of Products
12](#commercial-availability-of-products)

[2.8 Undue Burden 12](#undue-burden)

[2.9 Agency Reporting Requirements 13](#agency-reporting-requirements)

[2.10 Other Related Sections of the Rehabilitation Act
13](#other-related-sections-of-the-rehabilitation-act)

[Section 3. USDA Section 508 Policies and Procedures
14](#section-3.-usda-section-508-policies-and-procedures)

[3.1 Departmental Section 508 Policies
14](#departmental-section-508-policies)

[3.1.1 Policy for Acquisition, Maintenance and Development of EIT
14](#policy-for-acquisition-maintenance-and-development-of-eit)

[3.1.2 Enforcement and Complaint Policy
14](#enforcement-and-complaint-policy)

[3.1.3 Web-based Intranet and Internet Information and Applications
Accessibility Policy
16](#web-based-intranet-and-internet-information-and-applications-accessibility-policy)

[3.1.4 Accessibility Policy for Public Documents
16](#accessibility-policy-for-public-documents)

[3.1.5 Policy for Accessibility of Web Content and Documents for
Employees
17](#policy-for-accessibility-of-web-content-and-documents-for-employees)

[3.2 Departmental Procurement Regulations: AGAR 49 & 50
18](#departmental-procurement-regulations-agar-49-50)

[3.3 USDA Procedures 19](#usda-procedures)

[3.3.1 Procedure: Procedures for the Acquisition, Maintenance and
Development of EIT
19](#procedure-procedures-for-the-acquisition-maintenance-and-development-of-eit)

[3.3.2 Procedure: Procedures for Filing To Support a Back Office
Exception for Procurements
19](#procedure-procedures-for-filing-to-support-a-back-office-exception-for-procurements)

[3.3.3 Procedure: Procedures for the Use of Commercial Non-Availability
Determination for Procurements
19](#procedure-procedures-for-the-use-of-commercial-non-availability-determination-for-procurements)

[3.3.4 Procedure: Procedures for the Use of Undue Burden for
Procurements of EIT
19](#procedure-procedures-for-the-use-of-undue-burden-for-procurements-of-eit)

[3.3.5 Procedure: Procedures for the Development of In-House Software
and Web Applications
20](#procedure-procedures-for-the-development-of-in-house-software-and-web-applications)

[3.3.6 Procedure: Procedures for Filing an Undue Burden for In-House
Developed or Maintained EIT
20](#procedure-procedures-for-filing-an-undue-burden-for-in-house-developed-or-maintained-eit)

[Section 4. Roles and Responsibilities
21](#section-4.-roles-and-responsibilities)

[4.1 USDA CIO 21](#usda-cio)

[4.2 Agency Heads and Mission Area Representatives
22](#agency-heads-and-mission-area-representatives)

[4.3 Section 508 Coordination Team 22](#section-508-coordination-team)

[4.4 Requiring Officials 23](#requiring-officials)

[4.5 Procurement Officials/Contracting Officers
24](#procurement-officialscontracting-officers)

[4.6 Software and Web Application Developers, and Webmasters
24](#software-and-web-application-developers-and-webmasters)

[Section 5. Performance Measures 26](#section-5.-performance-measures)

[Section 6. Training 27](#section-6.-training)

[6.1 Web Developer Training 27](#web-development)

[6.2 Software Developer Training 28](#software-development)

[6.3 Procurement and Contracting Officers Training 28](#procurement)

[6.4 Support Staff Training 29](#support-staff)

[6.5 Telecom Training 29](#telecommunications)

[6.6 Office of Communications Training
29](#communicationspublic-affairs)

[6.7 Help Desk Training 30](#help-desk-staff)

[6.8 Agency Disability Employment Program Managers
30](#disability-employment-program-managers)

[6.9 Requiring Official Training 30](#requiring-official-training)

[6.10 IT Personnel Training 31](#it-personnel)

[6.11 Civil Rights Training 31](#civil-rights)

[Section 7. Application Accessibility Guidelines and Testing Procedures.
32](#section-7.-application-accessibility-guidelines-and-testing-procedures.)

[Summary 32](#summary)

[General testing requirements 33](#general-testing-requirements)

[Testing with Assistive Technology
34](#testing-with-assistive-technology)

[How to test the application. 34](#how-to-test-the-application.)

[Testing Protocol 35](#testing-protocol)

[Section 8. Technical Approaches to Ensuring Accessibility of Web
Page..........
45](#section-8.-technical-approaches-to-ensuring-accessibility-of-web-pages)

[Section 9. Technical Approaches to Ensuring Accessibility of Documents
48](#section-9.-technical-approaches-to-ensuring-accessibility-of-documents)

[Section 10. Guidelines for Requiring Officials
51](#section-10.-guidelines-for-requiring-officials)

[Documenting For Conformance With Section 508 Standards
51](#documenting-for-conformance-with-section-508-standards)

[APPENDIX A 54](#appendix-a)

[Glossary of Terms 54](#glossary-of-terms)

[APPENDIX B 57](#appendix-b)

[USDA Departmental Policies, Regulations, and Advisories
57](#usda-departmental-policies-regulations-and-advisories)

[Appendix B-1, Reasonable Accommodations for Employees and Applicants
with Disabilities (DR 4300-008, March 9, 2000)
57](#appendix-b-1-reasonable-accommodations-for-employees-and-applicants-with-disabilities-dr-4300-008-march-9-2000)

[Appendix B-2 59](#appendix-b-2)

[AGAR Advisory 53 USDA Information Technology Acquisition Approval
Process
59](#agar-advisory-53-usda-information-technology-acquisition-approval-process)

[INFORMATION TECHNOLOGY ACQUISITION APPROVAL REQUEST
65](#information-technology-acquisition-approval-request)

[Appendix B-3 66](#appendix-b-3)

[AGAR Advisory 49, Implementation of Section 508
66](#agar-advisory-49-implementation-of-section-508)

[ATTACHMENT ONE TO AGAR ADVISORY NO. 49
68](#attachment-one-to-agar-advisory-no.-49)

[UNDUE BURDEN DETERMINATION 68](#undue-burden-determination)

[ATTACHMENT TWO TO AGAR ADVISORY NO. 49
68](#attachment-two-to-agar-advisory-no.-49)

[UNAVAILABILITY DETERMINATION 68](#unavailability-determination)

[ATTACHMENT THREE TO AGAR ADVISORY NO. 49
70](#attachment-three-to-agar-advisory-no.-49)

[DETERMINATION THAT FAR 39.203 DOES NOT APPLY TO THIS REQUIREMENT
70](#determination-that-far-39.203-does-not-apply-to-this-requirement)

[ATTACHMENT FOUR TO AGAR ADVISORY NO. 49
71](#attachment-four-to-agar-advisory-no.-49)

[DETERMINATION THAT THE REQUIREMENTS ARE 508 COMPLIANT
71](#determination-that-the-requirements-are-508-compliant)

[ATTACHMENT FIVE TO AGAR ADVISORY NO. 49
71](#attachment-five-to-agar-advisory-no.-49)

[DETERMINATION THAT NO STANDARD IS AVAILABLE
71](#determination-that-no-standard-is-available)

[ATTACHMENT SIX TO AGAR ADVISORY NO. 49
71](#attachment-six-to-agar-advisory-no.-49)

[WORKING TOOLS FOUND ON THE INTERNET
71](#working-tools-found-on-the-internet)

[ATTACHMENT SEVEN TO AGAR ADVISORY NO. 49
72](#attachment-seven-to-agar-advisory-no.-49)

[SAMPLE CHECKLIST OF STANDARDS (Version 05/16/2001)
72](#sample-checklist-of-standards-version-05162001)

[APPENDIX B-4 78](#appendix-b-4)

[AGAR Advisory 50 78](#agar-advisory-50)

[Implementation of Section 508: Instructions Specifically Addressing
Purchase Card Users
78](#implementation-of-section-508-instructions-specifically-addressing-purchase-card-users)

[APPENDIX C 81](#appendix-c)

[\"Section 508\", Public Law 105-220, Title IV, Subsection 408(b)
81](#section-508-public-law-105-220-title-iv-subsection-408b)

[APPENDIX D 84](#appendix-d)

[Text of Final Rule, ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
84](#text-of-final-rule-architectural-and-transportation-barriers-compliance-board)

[APPENDIX E 92](#appendix-e)

[Federal Acquisition Regulations (FAR) Rule For Implementing Section 508
of the Rehabilitation Act of 1973 Electronic and Information Technology
Accessibility for Persons with Disabilities
92](#federal-acquisition-regulations-far-rule-for-implementing-section-508-of-the-rehabilitation-act-of-1973-electronic-and-information-technology-accessibility-for-persons-with-disabilities)

[Appendix E-1 93](#appendix-e-1)

[Federal Acquisition Regulations (FAR) Final Rule As published in the
Federal Register on April 25, 2001
93](#federal-acquisition-regulations-far-final-rule-as-published-in-the-federal-register-on-april-25-2001)

[Appendix E-2 100](#appendix-e-2)

[Federal Acquisition Regulations (FAR)
100](#federal-acquisition-regulations-far-1)

[Subpart 39.2- Electronic and Information Technology
100](#subpart-39.2--electronic-and-information-technology)

[APPENDIX F 131](#appendix-f)

[Federal Acquisition Regulation; Section 508 Micro-Purchase Exception
Sunset Provision
131](#federal-acquisition-regulation-section-508-micro-purchase-exception-sunset-provision)

[APPENDIX G 131](#appendix-g)

[Section 505 of the Rehabilitation Act
131](#section-505-of-the-rehabilitation-act)

[APPENDIX H 131](#appendix-h)

[Testing for Web Accessibility 131](#testing-for-web-accessibility)

[APPENDIX I 131](#appendix-i)

[Section 508 Evaluation Checklist
131](#section-508-evaluation-checklist)

**IMPLEMENTING SECTION 508 AT USDA**

## 

# Section 1. Introduction

## 

## 1.1 Purpose

This document provides a technical framework for helping USDA agencies
and staff ensure that the electronic and information technologies they
develop, procure or maintain are accessible to individuals with
disabilities, and that they comply with Section 508 requirements. The
manual serves as a reference to the law and regulations and includes
guidelines, checklists, and technical recommendations to assist USDA
agencies and staff offices in meeting their responsibilities under
Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794d, as
amended.

Section 508 requires that Federal departments and agencies developing,
procuring, maintaining, or using electronic and information technology
ensure that Federal employees and members of the public with
disabilities have access to and use of information and data, comparable
to that of Federal employees and members of the public without
disabilities.

USDA fully embraces the scope and intent of Section 508 and is actively
committed to ensuring that our customers and employees with disabilities
have equity in the use of electronic and information technology.
Accessibility allows USDA agencies and staff offices to attract and
retain the best talent and to maintain a productive workforce.
Electronic and Information Technology (EIT) provides the tools that help
USDA achieve its goals. Compliance with Section 508 ensures that USDA
can include persons with and without disabilities in using EIT tools to
further its goals to fulfill its mission. Consequently, compliance with
Section 508 contributes directly to effective utilization of USDA's
workforce and directly to the accomplishment of USDA's mission, and
specifically supports USDA\'s fifth strategic goal \-- to operate an
efficient, effective, and discrimination-free organization.

In addition to the contribution of Section 508 compliance to USDA\'s
overall effectiveness in meeting strategic goals, USDA\'s public
channels of communication that involve electronic and information
technology also benefit from Section 508\'s requirement for public
accessibility of information delivered through EIT. One example of a
specific USDA program that is tightly bound to the Section 508
requirement for accessibility of electronic and information technology
to the public is the USDA eGovernment Program. The mission of the USDA
eGovernment Program is to make the USDA \"electronically available any
place, any time \... to transform and enhance the delivery of USDA's
programs, services and information. Section 508 has specific
requirements to make this program accessible, so as to include persons
with and without disabilities in receiving USDA services. Section 508
focuses both inside USDA and to USDA\'s external publics in its
requirements for accessibility of electronic information.

## 1.2 Background

This Technical Manual was developed to serve as a resource document to
support individual agency and staff office day-to-day operations with
respect to Section 508 compliance. In early 2002, a broad cross section
of USDA staff, representing all USDA agencies and staff offices,
cooperated in a joint working session focusing on USDA's response to the
requirements of Section 508, and developing an action plan. At that
time, USDA had in place basic processes for Section 508 compliance,
under Agriculture Acquisition Regulations (AGAR) Advisory Numbers 49 and
50. The process included Section 508 linkages to Enterprise Management
Processes, and included a role for Chief Information Officer in
verifying that information technology investment proposals were
developed in accordance with the final rule for Section 508 compliance.
Many agency IT review boards included Section 508 compliance in their
review process. Agency IT architectures explicitly state Section 508
compliance. System development/life cycle management and quality
assurance processes all include Section 508 compliance activities.
Agency Configuration management or change management boards are
instructed to validate Section 508 compliance. Agencies using a total
cost of ownership or seat management process include Section 508
compliance within these processes.

[Systems Development/Life cycle management]{.underline}. The
departmental-level policies to acquire, develop, and maintain EIT and
meet Section 508 requirements were integrated as much as possible into
standard operation procedures. What was still needed, however, was
USDA-wide guidance for more specific policies and procedures to
implement Section 508, and to assist agencies and staff offices in
better under­standing how Section 508 requirements are specifically
applied to acquisitions, software development, and maintenance of EIT.

# Section 2. Section 508: The Law 

## 2.1 Background

Section 508 of the Rehabilitation Act Amendments of 1998, signed into
law on August 7, 1998 (Public Law 105-220), as a part of the Workforce
Investment Act of 1998 (see Appendix C for the text of the law),
requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology, they shall ensure that the
electronic and information technology allows Federal employees with
disabilities to have access to and use of information and data that is
comparable to the access to and use of information and data by Federal
employees who are not individuals with disabilities, unless an undue
burden would be imposed on the agency. Section 508 also requires that
individuals with disabilities, who are members of the public seeking
information or services from a Federal agency, have access to and use of
information and data that is comparable to that provided to the public
who are not individuals with disabilities, unless an undue burden would
be imposed on the agency.

(Reference: Access Board\'s Final Rule, \"Electronic and Information
Technology Accessibility Standards\" at:
<http://www.access-board.gov/sec508/standards.htm>, which is also
included in Appendix C).

Section 508 established an administrative complaint process, providing
that \"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.\" The law
specified that complaints are to be filed with the Federal department or
agency alleged to be in noncompliance, and that the Federal department
or agency receiving the complaint shall apply the complaint procedures
established under section 504 for resolving allegations of
discrimination in a federally conducted program or activity. Individuals
may also file a civil action against an agency.

By law, Section 508\'s enforcement provisions apply only to the
electronic and information technology procured on or after June 21,
2001. While Section 508\'s enforcement mechanisms apply only to
procurement, Section 504 of the Rehabilitation Act requires access to
Federal programs for persons with disabilities, and both Sections 501
and 504 require accommodation of Federal employees with disabilities
(sections 501 and 504). Therefore, Section 508 cannot be used by Federal
departments and agencies to avoid responsibilities under Sections 501
and 504 to provide equivalent facilitation or alternative means of
access to information for employees or members of the public with
disabilities. Section 508 provides specific standards as measures for
Federal departments and agencies, but Federal departments and agencies
still are required, under Section 504, to provide access to information
and programs for persons with disabilities, even in those circumstances
where EIT is not commercially available. If an undue burden claim
prevents the procurement of EIT that is accessible, agencies still must
provide alternative means for access.

## 2.2 Definition of Electronic and Information Technology (EIT). 

(Reference: <http://www.access-board.gov/sec508/standards.htm>, which is
also included in Appendix C)

In the standards published by the Access Board on electronic and
information technology, the definition of EIT includes "information
technology and any equipment or interconnected system or subsystem of
equipment, that is used in the creation, conversion, or duplication of
data or information. The term electronic and information technology
includes, but is not limited to, telecommunications products (such as
telephones), information kiosks and transaction machines, World Wide Web
sites, multimedia, and office equipment such as copiers and fax
machines. The term does not include any equipment that contains embedded
information technology that is used as an integral part of the product,
but the principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information. For
example, HVAC (heating, ventilation, and air conditioning) equipment
such as thermostats or temperature control devices, and medical
equipment where information technology is integral to its operation, are
not information technology."

The Access Board defines "information technology" as "any equipment or
interconnected system or subsystem of equipment, which is used in the
automatic acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception of
data or information. The term information technology includes computers,
ancillary equipment, software, hardware and similar procedures, services
(including support services), and related resources."

## 2.3 Electronic and Information Technology Accessibility Standards (Technical Standards) 

Section 508 required the Access Board to develop accessibility standards
for electronic and information technology (EIT). The final "Electronic
and Information Technology Accessibility Standards (36 CFR Part 1194)"
were published in the Federal Register on December 21, 2000.

(Reference: <http://www.access-board.gov/sec508/508standards.htm>, which
is also included in Appendix C)

The EIT accessibility standards published by the Access Board include
technical provisions for different types of EIT technologies and also
include performance-based requirements that deal with the functional
capabilities of EIT.

The technical provisions include:

\(1\) requirements specific to each type of technology (Subpart B of the
Access Board's standards);

\(2\) functional performance criteria relating to the functional
capabilities of covered technologies (Subpart C); and

\(3\) requirements for information, documentation, and support (Subpart
D).

*Subpart B:* The technology-specific provisions address the following
areas:

-   Software applications and operating systems (1194.21);

-   Web-based information or applications (1194.22);

-   Telecommunications products (1194.23);

-   Video or multi-media products (1194.24);

-   Self contained, closed products such as office equipment and kiosks
    (1194.25); and

-   Desktop and notebook computers (1194.26).

*Subpart C:* While the technology-specific provisions in Subpart B of
the Access Board's standards provide the standards for each specific
category of product, the functional performance criteria in Subpart C
should be used in evaluating whether the product meets Section 508
requirements overall, and also should be used for evaluating
technologies or components where no specific requirement is found in the
technology categories in Subpart B. These functional criteria were
included to assure that the components of electronic and information
technologies \-- even when individually accessible \-- still work
together to create an accessible product. The functional criteria
address the operation of the product including input and control
functions, the operation and access to visual and audible information.
These criteria support the ability of people with sensory or physical
disabilities to locate, identify, and operate input, control and
mechanical functions and to access the information provided, including
text, static or dynamic images, icons, labels, sounds or incidental
operating cues. For example, one provision requires that at least one
mode of operation and information retrieval should be provided that does
not require user vision, or that it provides support for assistive
technology used by people who are blind or visually impaired. Another
provision requires that at least one mode of operation and information
retrieval be provided that does not require visual acuity greater than
20/70.

*Subpart D:* Subpart D deals with access to all information,
documentation, and support provided to end users (employees) of covered
technologies. At the USDA, this should be considered to include user
guides, installation guides for end-user installable devices, and
customer support and technical support communications. Subpart D
requires that such information must be available in alternate formats
upon request at no additional charge. Alternate formats or methods of
communication can include Braille, cassette recordings, large print,
electronic text, Internet postings, tele-typewriter for the deaf (TTY)
access, and captioning and audio description for video materials.

## 2.4 Federal Acquisition Regulations (FAR)

In implementing the Access Board's regulations, the FAR incorporated the
electronic and information technology accessibility standards (36 CFR
Part 1194) into acquisition planning, market research and when
describing agency needs. Section 508 uses the Federal procurement
process as the mechanism for ensuring that EIT acquired by the Federal
government is accessible. The final FAR ruling for implementing Section
508 was published in the Federal Register on April 25, 2001. The
effective date, which was 60 days after the published date, was June 25,
2001. (The FAR has been modified since the original publication date,
most recently to amend the \"sunset\" date for the exclusion of
micro-purchases to October 1, 2004.)

References: The text of the FAR is available on the web at:

<http://www.arnet.gov/far/current/html/Subpart_39_2.html>

Appendix E-2 of this document also contains the full text of the FAR,
current as of August 25, 2003.

For other than indefinite-quantity contracts, the FAR ruling applies to
contracts awarded on or after June 25, 2001. For indefinite-quantity
contracts, it is applicable to delivery orders or task orders issued on
or after June 25, 2001.

## 2.5 Exceptions

The FAR considered the following EIT as exceptions, therefore not
required to meet the accessibility standards at 36 CFR Part 1194: (See
the detailed discussion of these exceptions, included in the Final Far
Rule published in the Federal Register, April 25, 2001, in Appendix E-1)

-   Micro-purchases, prior to October 1, 2004 (FAC 2001-11, FAR case
    2002-012, Section 508 Micro-Purchase Exception, Interim Rule, see:
    <http://www.arnet.gov/far/ProposedRules/2002-012.pdf>, which is also
    included in Appendix F)

-   EIT for a national security system - any electronic and information
    technology operated by agencies, the function, operation, or use of
    which involves intelligence activities, cryptologic activities
    related to national security, command and control of military
    forces, equipment that is an integral part of a weapon or weapons
    system, or systems which are critical to the direct fulfillment of
    military or intelligence missions. Systems which are critical to the
    direct fulfillment of military or intelligence missions do not
    include a system that is to be used for routine administrative and
    business applications (including payroll, finance, logistics, and
    personnel management applications).

-   EIT acquired by a contractor incidental to a contract - provides an
    exception for electronic and information technology that is acquired
    by a contractor incidental to a Federal contract. That is, the
    products a contractor develops, procures, maintains, or uses which
    are not specified as part of a contract with a Federal agency are
    not required to comply with this part. For example, a consulting
    firm that enters into a contract with a Federal agency to produce a
    report is not required to procure accessible computers and word
    processing software to produce the report regardless of whether
    those products were used exclusively for the government contract or
    used on both government and non-government related activities since
    the purpose of the contract was to procure a report. Similarly, if a
    firm is contracted to develop a web site for a Federal agency, the
    web site created must be fully compliant with this part, but the
    firm\'s own web site would not be covered. No substantive comments
    were received and no changes have been made to this section in the
    final rule.

-   EIT located in spaces frequented only by service personnel for
    maintenance, repair or occasional monitoring of equipment - products
    located in spaces frequented only by service personnel for
    maintenance, repair, or occasional monitoring of equipment are not
    required to comply with this part.

-   EIT that would impose an undue burden on the agency.

## 2.6 Equivalent Facilitation

The Access Board recognized that products could be available that do not
meet the Section 508 Subpart B standards, but yet incorporate designs or
technologies that provide substantially equivalent or greater access to
and use of a product for people with disabilities. (See 36 CFR 1194.5.)
This is referred to as \"equivalent facilitation.\"

In the preamble to Section 508, the Access Board elaborates that this
provision does not constitute a \"waiver\" or \"variance\" from the
requirement to provide accessibility, but recognizes that future
technologies may be developed, or existing technologies could be used in
a particular way that could provide the same functional access in ways
not foreseen by these standards. The Board stressed that, in evaluating
whether a technology results in \"substantially equivalent or greater
access,\" it is the functional outcome, not the form, which is
important. The Board offered as one example an information kiosk which
is not accessible to a person who is blind might be made accessible by
having a telephone handset that connects to a computer that responds to
touch-tone commands and delivers the same information audibly. Other
examples could include the use of voice recognition and activation as
potentially reasonable substitutes for some or all keyboard input
functions. In effect, compliance with the functional performance
criteria of §1194.31 is the test for equivalent facilitation.

Recognizing the concept of equivalent facilitation, solicitations for
EIT must be drafted with provisions that products offering equivalent
facilitation are considered along with those that strictly meet the
technical provisions of Subpart B of the standards.

## 2.7 Commercial Availability of Products 

As required by the FAR final rule (see Appendix E), when acquiring
commercial items, an agency must comply with those accessibility
standards that can be met with supplies or services that are available
in the commercial marketplace in time to meet the agency's delivery
requirements. The requiring official must document individual provisions
that cannot be met due to non-availability, with a copy to the contract
file. If products are available that meet some, but not all applicable
standards, agencies cannot claim a product as a whole is non-available
just because it does not meet all of the standards.

## 2.8 Undue Burden

Undue burden, as defined in Section 508**,** § 1194.4, means a
"significant difficulty or expense." In determining whether an action
would result in an undue burden, an agency shall consider all agency
resources available to the program or component for which the product is
being developed, procured, maintained, or used.

Section 508(a)(1)(B) specifies that when development, procurement,
maintenance, or use of electronic and information technology that meets
the standards published by the Access Board would impose an undue
burden, the Federal agency shall provide individuals with disabilities
with the information and data by an alternative means of access that
allows the individual to use the information and data. The agency is
responsible for documenting why and to what extent compliance with each
provision in the EIT accessibility standards (36 CFR part 1194) creates
an undue burden. In addition, the agency must document the "alternative
means" for individuals with disabilities to access the information and
data.

When acquiring commercial items, an undue burden determination is not
required to address individual standards that cannot be met with
supplies or services available in the commercial marketplace in time to
meet the agency delivery requirements. If no product is commercially
available that both meets agency requirements and also meets the
requirements of Section 508, \"agencies cannot claim a product as a
whole is not commercially available because no product in the
marketplace meets all the standards. If products are commercially
available that meet some but not all of the standards, the agency must
procure the product that best meets the standards.\" (Section 508,
1194.2(b)). Under these circumstances, the agency must consider both the
core business requirements for the procurement and also the extent to
which the product or products under consideration meet Section 508
accessibility standards. The product or service that "best meets the
standards" could be categorized as commercially not available since it
did not meet [all]{.underline} of the standards. If the product or
service that is being acquired is less compliant with the Section 508
accessibility standards than other products available in the commercial
marketplace, it would have to be documented that it is an undue burden
to purchase the more compliant product or service.

## 2.9 Agency Reporting Requirements

Section 508 requires the Attorney General to report every two years to
the President and the Congress on the state of Federal department and
agency compliance with the requirements of Section 508, including
actions regarding individual complaints under the law. Section 508 also
requires each head of a Federal department or agency to provide to the
Attorney General such information as the Attorney General determines is
necessary to conduct the biannual evaluations. (Reference:
<http://www.usdoj.gov/crt/508/>)

## 2.10 Other Related Sections of the Rehabilitation Act

**Section 501**. Employment of Persons with Disabilities.

**Section 501** of this act prohibits discrimination on the basis of
disability in Federal employment and requires Federal agencies to
establish affirmative action plans for the hiring, placement, and
advancement of people with disabilities in Federal employment.

**Section 504.** Nondiscrimination under Federal Grants and Programs.

**Section 504** prohibits discrimination based on disability in
federally funded and federally conducted programs or activities in the
United States, including employment programs.

**Section 505.** Remedies and Attorney's Fees.

**Section 505** provides that the remedies, rights and procedures set
forth in title VI of the Civil Rights Act of 1964 shall be available to
any person alleging a violation of Section 504.

# Section 3. USDA Section 508 Policies and Procedures

This Section includes current Departmental Policy and Administrative
Regulations concerning the Department\'s Acquisition of Electronic and
Information Technology, and procedures for complying with Section 508
and addressing exceptions.

## 3.1 Departmental Section 508 Policies

USDA has established USDA-wide policies relating to the implementation
of Section 508 through Departmental Regulation 4030-1, and through
Agriculture Acquisition Regulation (AGAR) Advisories, specifically, AGAR
49 and 50.

While all of these references can be located among departmental
documents, this section references these regulations and advisories in a
convenient reference within one document. As these regulations and
advisories are updated, these references may also be updated. For
convenience, the entire text of these references is included in Appendix
B.

### 3.1.1 Policy for Acquisition, Maintenance and Development of EIT 

**(AGAR Advisory 53)**

See: <http://www.usda.gov/procurement/policy/advisories_x/agarad53.htm>

(See full text at Appendix B-2)

### 3.1.2 Enforcement and Complaint Policy

As the Equal Employment Opportunity Commission summarized in the Federal
Register Notice, published August 6, 2003: (Source, Federal Register on
line:
<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-19986.htm>)

\"The amendments to section 508 of the Rehabilitation Act of 1973, 29
U.S.C. 794d, which took effect in 2001 provide that each federal agency
must ensure that the electronic and information technology it develops,
procures, maintains, or uses is accessible to individuals with
disabilities who are federal employees or applicants, or members of the
public seeking information or services from the agency. Section 508
authorizes individuals to file administrative complaints and civil
actions against an agency, limited to the alleged failure to procure
accessible technology. The statute requires federal agencies to process
section 508 complaints according to the same complaint procedures used
to process section 504 complaints. See 29 U.S.C. 794d(f)(2).\"

Therefore, the existing EEO complaint process established by USDA, its
agencies and mission areas, is applicable to the administrative
processing of Section 508 complaints.

USDA Complaint Processing Procedures:
[[http://www.usda.gov/directives/files/dm/DM4330-001.htm]{.underline}](http://www.usda.gov/directives/files/dm/DM4330-001.htm)

The USDA Equal Employment Rights policy is posted at:
[http://www.usda.gov/cr/Secretarys
Policy.htm](http://www.usda.gov/cr/Secretarys Policy.htm)

The USDA EEO complaint procedure is posted at:
[http://www.usda.gov/cr/Employment How to File a
Complaint.htm](http://www.usda.gov/cr/Employment How to File a Complaint.htm)

The following statement summarizes the USDA policy and the basic
procedures, and is representative of the policy statement in wide use by
USDA agencies and mission areas (Source Agricultural Marketing
Service\'s (AMS) EEO policy page, at
<http://www.ams.usda.gov/eeostatement.htm>):

The U.S. Department of Agriculture (USDA) prohibits discrimination in
all its programs and activities on the basis of race, color, national
origin, gender, religion, age, disability, political beliefs, sexual
orientation, and marital or family status. (Not all prohibited bases
apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA\'s TARGET Center at
202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of
Civil Rights, Room 326W, Whitten Building, 14th and Independence Avenue,
SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice or TDD).
USDA is an equal Opportunity provider and employer.

Each of the USDA Agencies and Mission Areas has posted policy statements
and many have posted specific complaint procedures for equal employment
opportunity complaints.

Representative samplings of these references are included below:

-   Agricultural Research Service (ARS), at:
    <http://www.ars.usda.gov/aboutus/docs.htm?docid=1518>

-   Food and Nutrition Service (FNS), at
    <http://www.fns.usda.gov/cr/teeocomplaint.htm>.

-   Foreign Agricultural Service (FAS), at:
    <http://www.fas.usda.gov/admin/eeo.html>

-   Natural Resources Conservation Service (NRCS), at:
    <http://plants.usda.gov/eeo.html> (policy, as shown on \"Plants\"
    website), and
    <http://www.nrcs.usda.gov/about/civilrights/eeo_complaint_process.html>
    (complaint procedures)

### 3.1.3 Web-based Intranet and Internet Information and Applications Accessibility Policy

*Web Accessibility Policy for Intranet and Internet Pages.* USDA has
adopted a policy to make its web sites accessible to all USDA customers
and employees, and agencies and mission areas have announced this policy
through a link on home pages. (See the example, below, from the USDA
Home Page, at <http://www.usda.gov/accessibility.htm>)

######### Accessibility Statement

> (Source: <http://www.usda.gov/accessibility.htm>)
>
> USDA is committed to making its web sites accessible to all USDA
> customers and employees. All of the agency web sites are undergoing
> review and redesign as necessary to ensure that they meet or exceed
> the requirements of Section 508 of the Rehabilitation Act of 1973.
>
> Many of our web sites currently meet the Section 508 accessibility
> standards. Furthermore, USDA continues to work on making all web sites
> accessible. Thank you very much for your patience through this
> redesign process. If you have any comments or suggestions for
> improvement, please contact the Web Master of this page.
>
> Contact Information: xxxxx.xxxx@usda.gov

Similar language appears on many USDA agency and mission area web pages,
under a link for \"Accessibility Statement.\" With the inclusion of a
contact email address, this statement can be an effective tool to gather
comments and feedback about the level of accessibility of an overall web
site, and specific pages.

### 3.1.4 Accessibility Policy for Public Documents

The accessibility of public documents to all persons is one of the
cornerstones of our form of government. Document accessibility policies
should be clearly stated on home pages and also on pages listing
document resources.

Below is a model statement on accessibility policy for public documents.
Because there is less and less distinction between web pages and
documents, it is useful to combine both web and document accessibility
into a common policy statement. Such a statement might be considered for
use as an enhancement to accessibility policy statements, as currently
posted on USDA web pages.

**Web Page and Document Accessibility Policy (Model Statement)**

At the United States Department of Agriculture, we are committed to
making all of our documents on our World Wide Web servers accessible to
everyone. We are continually reviewing our web sites and changing pages
to ensure that they meet or exceed the requirements of Section 508 of
the Rehabilitation Act of 1973.

Many documents on our web pages are in ASCII or HTML format, generally
accessible to people who use screen reading software and to those with
other vision or mobility impairments. We typically use Hypertext Markup
Language (HTML) to create pages and documents that are accessible to all
people, and we follow Section 508 standards in doing so.

We also have a large number of documents in Adobe Acrobat PDF (Portable
Document Format) format, and currently this format is not compatible
with some screen-reading software. However, there are significant
improvements in the accessibility of PDF documents, and Adobe\`s
accessibility web page (<http://access.adobe.com/>) has more information
about accessibility initiatives and products.

If you have difficulty accessing one of our web pages or documents, or
if you have suggestions for how we may improve our accessibility, please
send an e-mail to xxxx.xxxxx@usda.gov. If your problem is a broken link,
a link that goes to the wrong page, or other technical problems, please
email the webmaster at xxxx.xxxxx@usda.gov.

OCIO recommends that agencies consider the following points in
formulating document accessibility policy statements:

\(1\) Include language that refers to people with all types of
disabilities, while avoiding reference to only specific disabilities.

\(2\) Regarding PDF documents, avoid referring to specific document
conversion/accessibility tools, so that your PDF accessibility
information does not become quickly outdated. It is useful to refer
readers to the Adobe website, <http://access.adobe.com/>, for the most
current status of PDF accessibility.

### 3.1.5 Policy for Accessibility of Web Content and Documents for Employees

*Differences Between Document Accessibility for External Publics and
USDA Employees.* Since there is little control over the assistive
devices and the applications software in use by the general public,
accessibility can best be provided through HTML, text, and, PDF
documents. However, for internal audiences (employees), where known
assistive technologies are in use, word processing documents,
spreadsheets, and RTF formatted outlines of Microsoft (tm) PowerPoint
(tm) presentations are significantly more accessible with their
assistive technologies than text or HTML documents.

Below is a model web page and document accessibility policy statement
for internal employees:

**Web Page and Document Accessibility Policy for Employees**

**(Model Statement)**

At the United States Department of Agriculture, we are committed to
making documents and information equally accessible to all employees,
including employees with disabilities. To ensure the accessibility of
intranet web sites and web pages, we hold these web sites to the same
strict standard for accessibility as we have established for the public
access to our internet web sites, and are continually reviewing our web
sites and changing pages to ensure that they meet or exceed the
requirements of Section 508 of the Rehabilitation Act of 1973, and to
remove accessibility problems. We encourage employees who find
accessibility issues with intranet pages to email the webmaster, or
email the Section 508 coordinator for their agency or mission area. A
list of coordinators with their email contact information may be found
at: <http://ocio.wip.usda.gov/irm/508/mem508.html>

We are also committed to the accessibility of documents and publications
distributed for general use within USDA for USDA employees, as well as
USDA\'s departmental regulations, notices, manuals, and Secretary\'s
memoranda, and also the content of emails distributed to employees. To
facilitate accessibility, we are committed to not only meeting the
requirements of Section 508 of the Rehabilitation Act of 1973, amended,
but also to ensure that the format and content enhance accessibility. We
encourage employees who find accessibility issues with internal
documents and emails to email the author or issuing office, or email the
Section 508 coordinator for their agency or mission area. A list of
coordinators with their email contact information may be found at:
<http://ocio.wip.usda.gov/irm/508/mem508.html>

For an internal employee document accessibility policy that concentrates
on the use of word processing, spreadsheet, emails and RTF formatted
PowerPoint files, to be effective, attention must be given to the
content and format of these documents. Section 9, Technical Approaches
to Ensuring Accessibility of Documents, can serve as a foundation for
accessible document creation, and describes the major barriers that can
be created by the authors of office documents, and how to avoid them.

## 3.2 Departmental Procurement Regulations: AGAR 49 & 50

Two Agriculture Acquisition Regulation (AGAR) Advisories serve as the
foundation for implementation of Section 508:

-   Agriculture Acquisition Regulation (AGAR) Advisory 49 (November 25,
    2002), covers the implementation of Section 508 of the
    Rehabilitation Act of 1973, as amended, and includes in one place a
    set of working tools to implement Section 508 at USDA

-   AGAR Advisory 50 (December 31, 2002), addresses the Section 508
    requirements (and exception from those requirements) for purchase
    card users.

These advisories are available at the following web sites, and are also
included in Appendices B-3 and B-4 of this document.

AGAR 49:
<http://www.usda.gov/procurement/policy/advisories_x/agarad49.htm>

AGAR 50:
<http://www.usda.gov/procurement/policy/advisories_x/agarad50.htm>

## 3.3 USDA Procedures

Current procedures that apply to implementation of Section 508 at USDA
are included in AGAR 49 and 50, referenced above. The following provides
a reference to specific procedures, and where these procedures are
available:

### 3.3.1 Procedure: Procedures for the Acquisition, Maintenance and Development of EIT

**References, Comments:** AGAR Advisory 49, included as Appendix B-3,
and available on the web at
<http://www.usda.gov/procurement/policy/advisories_x/agarad49.htm>,
covers the acquisition of EIT, but does not specifically address the
maintenance and development of EIT. Maintenance and development is
addressed in AGAR Advisory 53, included as Appendix B-2.

### 3.3.2 Procedure: Procedures for Filing To Support a Back Office Exception for Procurements

**References, Comments:** See AGAR Advisory 49, attachment 3, in
Appendix B-3.

### 3.3.3 Procedure: Procedures for the Use of Commercial Non-Availability Determination for Procurements

**References, Comments:** See AGAR Advisory 49, attachment 2, in
Appendix B-3

### 3.3.4 Procedure: Procedures for the Use of Undue Burden for Procurements of EIT

**References, Comments:** See AGAR Advisory 49, attachment 1, in
Appendix B-3.

*Informal \"Undue Burden\" Process.* The following informal procedures
can help requiring officials properly document why the procurement of
EIT that complies with Section 508 poses an \"undue burden\" for the
agency:

-   Follow the AGAR Advisory 49 during acquisition planning and market
    research. Documentation of the determination is essential.

-   Document the market research, the levels of compliance each product
    or service provides, costs of each product or service, and
    methodology of installing each product or service. If it is
    determined that complying with Section 508 would adversely affect
    your agency because of a significant expense, document this as well,
    including an estimate of the cost that would be incurred, and the
    relationship between this cost and the overall resources available.

-   Ensure project or program manager is heavily involved.

-   Involve agency/mission area Section 508 Coordinator.

-   Involve agency Chief Information Officer.

-   Involve agency budget officer if an agency considers a product or
    service is an extraordinary expense.

-   Involve USDA Section 508 Coordinator in an advisory capacity and to
    provide clarity.

-   Involve agency Office of the General Counsel liaison for legal
    interpretations and to advise on actions.

-   Involve Office of Civil Rights for Section 504 compliance issue when
    a procurement will not meet Section 508 requirements and an undue
    burden is claimed.

-   Ensure that documents support the claim.

-   Obtain approval from an executive manager such as the Deputy
    Administrator for Management.

-   Notify USDA Chief Information Officer, the Assistant Secretary for
    Civil Rights, the General Counsel of an "Undue Burden
    determination."

### 3.3.5 Procedure: Procedures for the Development of In-House Software and Web Applications

**References, Comments:** See [Section 508
1194.21](http://www.access-board.gov/sec508/guide/1194.21.htm)

### 3.3.6 Procedure: Procedures for Filing an Undue Burden for In-House Developed or Maintained EIT

**References, Comments:** See AGAR Advisory 49 provisions, attachment 1
covers these procedures for external applications; and which can be used
for internal in-house developed or maintained EIT, as well.

# Section 4. Roles and Responsibilities

## 4.1 USDA CIO

The Chief Information Officer (CIO) has primary responsibility for the
supervision and coordination with the Department of the design,
acquisition, maintenance, use, and disposal of information technology by
USDA agencies, and for monitoring the performance of USDA\'s information
technology programs and activities, and for assuring that USDA
information management is consistent with Federal requirements
concerning paperwork reduction, information security and privacy.

(Source: <http://www.ocio.usda.gov/it_01_cio.html>)

The CIO is also the principal officer in the Department charged with
managing the implementation of Section 508 electronic and information
technology standards in the Department. In this role, the CIO manages
all government-wide activities, correspondence and reporting to the
General Services Administration, Office of Management and Budget, and
the Department of Justice concerning Section 508, and the Department\'s
performance under Section 508.

The CIO in collaboration with the Director of Procurement establishes
the requirements within the Department for acquiring electronic and
information technology (EIT) and the CIO\'s oversight includes both
approving IT investments and monitoring and evaluating the performance
of these investments (see AGAR Advisory 53, Appendix B-2). *Requirements
include USDA\'s implementation of Section 508.*

The CIO also has overall management oversight of the Procurement
Tracking System.

As a principal member of the USDA Section 508 Coordination Team, the
Office of Chief Information Officer (source:
<http://ocio.wip.usda.gov/irm/508/chart508.html>):

-   Advises the Secretary and USDA on matters pertaining to the
    implementation of Section 508;

-   Works closely with the agencies to ensure that electronic and
    information technology is accessible to persons with disabilities;

-   Updates the SACED on USDA's Section 508 accomplishments;

-   Develops a critical factor specifically related to accessibility in
    the capital planning and investment control process;

-   Works with Team Members to develop accountability checklists to
    assist USDA mission areas and agencies with Section 508
    implementation;

-   Reports to the Secretary on USDA Section 508 compliance biennially;
    and

-   Develops the final agenda for Team meetings.

## 4.2 Agency Heads and Mission Area Representatives

Agency Heads and Mission Area Representatives are responsible for
ensuring that the electronic and information technology that they
procure, develop, or maintain is accessible to employees and members of
the public with disabilities, and that the electronic and information
technology complies with the standards of Section 508.

Agency Heads and Mission Area Representatives can execute this
responsibility through:

-   developing and maintaining plans for compliance for the electronic
    and information technology they procure, develop, or maintain,

-   providing the resources and budgets necessary to assure compliance
    with Section 508 within their areas of responsibility.

-   providing representatives to gather and report information for the
    Secretary\'s biennial report to the Department of Justice on the
    status of Section 508 compliance and the extent that electronic and
    information technology in the agency or mission area is accessible
    to persons with disabilities.

## 4.3 Section 508 Coordination Team

The Section 508 Coordination Team (see:
<http://ocio.wip.usda.gov/irm/508/mem508.html>) reports to the Office of
the Chief Information Officer (OCIO), and provides analysis and
recommendations concerning the implementation and enforcement of Section
508. The Team assists USDA agencies and advises the OCIO in determining
the proper course of action where an agency proposal falls outside of
the bounds of Section 508.

The goal of the Team is to advise the OCIO and to ensure systematic
accountability for the accomplishment of Section 508 requirements in the
Department. The work of the Team will be supportive of the Secretary's
goal to make USDA a model employer.

The Section 508 Coordination Team has the following duties:

(Source: <http://ocio.wip.usda.gov/irm/508/chart508.html>)

-   Develop a plan to identify needs for accessible systems and adaptive
    technology and identify IT deficiencies that impact performance of
    persons with disabilities in current and prospective IT systems;

-   Advise agencies of the requirement to integrate Section 508 into
    their IT capital plans, budget plans, and strategic plans;

-   Participate in monitoring, measurement, and disclosure activities
    including usability testing and priority setting;

-   Coordinate response to Department of Justice Section 508 surveys;

-   Develop a recommended list of sources of education and training for
    key personnel within the department related to Section 508
    implementation;

-   Recommend a policy on implementation and enforcement

-   Publicize the existing complaints process (per EEOC Register Notice,
    published August 6, 2003);

-   Provide opportunity for suggestions and feedback from USDA internal
    and external customers, including persons with disabilities; and

-   Develop web page for information sharing on the OCIO Intranet.

Individual members of the Section 508 Coordination Team have the
following roles and responsibilities (responsibilities of specific team
members are listed in the Section 508 Coordination Team Charter, at
<http://ocio.wip.usda.gov/irm/508/chart508.html>):

-   To coordinate and report on the efforts of their agencies, offices,
    or mission areas to comply with Section 508, and

-   To work closely with all agency legal, technical and specialty
    experts in their organization to ensure implementation of Section
    508.

The following offices have a special advisory role in their membership
in the Section 508 Coordination Team:

-   Office of the Chief Information Officer (OCIO)

-   TARGET Center

-   Office of Procurement And Property Management (OPPM)

-   Office of Civil Rights

-   Office of Human Resources Management

-   Office of The General Counsel

-   Office of Communications

-   Office of Inspector General

-   Secretary's Advisory Committee For Employees With Disabilities
    (SACED)

## 4.4 Requiring Officials

Consistent with Federal Acquisition Regulations, the
\"Purchaser/Requestor\" or \"Requiring Official\" \-- the person who
generates the request for or specifies the electronic and information
technology product or service to be acquired, developed or maintained
\-- must ensure that the acquisition of EIT products and services meet
the Section 508 EIT accessibility standards, unless an exception applies
(see the FAR, at Appendix E).

The Requiring Official/Requestor must conduct market research to find
those products or services meeting the Section 508 standards. The market
research stage is that part of the procurement process during which the
agency determines both whether commercial EIT will be available in time
to meet the need specified by the program or requesting official and
whether providing conforming EIT would be an undue burden. For the
purpose of these determinations, the determining official is the
requiring official.

The market survey results are conveyed with and in the statement of
work. Tools for documenting the market research and establishing whether
any of the following may be applicable to the acquisition are provided
in AGAR Advisory 49 (see:
<http://www.usda.gov/procurement/policy/advisories_x/agarad49.htm>, also
included in Appendix B-2). They include guidelines for preparing:

-   An undue burden determination

-   An unavailability determination (i.e., conforming products or
    services are not commercially available)

-   A determination that the requirements in Federal Acquisition
    Regulation (FAR) 39.203 do not apply (i.e., it is excepted from the
    FAR requirements)

-   A determination that the requirement is for parts for which no
    standard exists, or

-   A determination that the requirements are 508 compliant

## 4.5 Procurement Officials/Contracting Officers

The Contracting Officer must review statements of work and purchase
requests to ensure that they include the applicable requirements for
Section 508 compliance. The Contracting Officer must ensure that
solicitations for electronic and information technology include a clear
statement of the responsibilities vendors or service providers have in
supplying products or services that conform to Section 508 standards.

The Contracting Officer must include in the contract file:

-   Vendor-provided documentation relating to conformance of the offered
    products and services with Section 508 standards (usually in the
    form of a Voluntary Product Accessibility Template, or VPAT,
    statement).

-   Documentation from the requestor/requiring official regarding undue
    burden or non-commercial availability determination.

-   If "significant difficulty or expense" causes the
    requestor/requiring official to determine that conforming to Section
    508 standards present an undue burden in the acquisition, an
    explanation of the "alternative means" for access to the same
    information should be included in the procurement file.

## 4.6 Software and Web Application Developers, and Webmasters

Software and web application developers must ensure that their
applications are planned and developed, in conformance with Section 508
EIT Accessibility Standards. Because addressing accessibility
requirements early in the development cycle can facilitate accessibility
and compliance with Section 508 standards much more effectively than
modification of software and web pages late in the development cycle,
developers have a special role in ensuring that their products conform
to Section 508 standards.

Developers and webmasters should use the software and web accessibility
checklists referred to in Sections 8 and 9 of this document as a guide
to the technical issues to be addressed in software and web page and web
application development. In addition, when possible to do so, it is
exceptionally useful to test products and web pages with representative
assistive technologies, **during the development process**. For example,
developers may download a demonstration version of a screen reading
program, such as JAWS (from
<http://www.freedomscientific.com/fs_downloads/jaws.asp>), to use in
testing the usability of the application with screen reading software.

To assist web developers and webmasters in assessing whether web pages
and applications conform to Section 508 standards, commercial tools are
available that perform automated, as well as assisted evaluations of web
pages. Two examples of commercial tools include SSB Technologies\'
\"Infocus\" (see: <http://www.ssbtechnologies.com/>) and Crunchy
Technologies\' \"PageScreamer\" (see:
<http://www.crunchy.com/tools/index.html>). Other tools are also
available, without cost, to test and verify web pages. These include
Bobby (<http://bobby.watchfire.com/bobby/html/en/index.jsp>), and
A-Prompt (<http://aprompt.snow.utoronto.ca/>). In addition, some web
development tools incorporate validity testing for accessibility into
their development products. For an example of this, see Dreamweaver
(<http://www.macromedia.com/macromedia/accessibility/mx/dw/>)

While commercial tools can help in technical evaluation of underlying
coding of web pages, they cannot assure usability and accessibility.
Consequently, it is helpful to consider use of assistive technologies to
test usability and accessibility, to always test for usability from the
keyboard alone and without the use of a mouse, and to work with persons
with disabilities in evaluating the usability of web pages.

# Section 5. Performance Measures

Performance measures should be focused on the goals to be achieved in
ensuring Section 508 compliance and accessibility of electronic and
information technology. To actually measure performance, these goals
need to be translated into measurable elements by which performance can
be gauged. Overall guidance on creating performance metrics is included
in
<http://www.feapmo.gov/resources/fea_prm_release_document_rev_1_vol_2.pdf>.

In addition, in the early USDA working group discussions, the following
types of performance measures were proposed. These can be used as a
starting point for a more comprehensive set of Section 508 performance
measures to be used in the Department:

-   Reaffirm Section 508 responsibility in individual performance
    elements.

-   Top 20 Internet sites in current fiscal year, and level of
    compliance for each.

-   Top 20 Intranet sites in current fiscal year, and level of
    compliance for each.

-   The extent to which applicable Section 508 technical provisions are
    included in statement of work, task orders, and contracts.

-   Number of EIT systems developed/procured after 6/25/2001, and number
    of those that were Section 508 compliant.

-   Number of internal and external formal 508 complaints received since
    6/25/2001.

-   Compliance with training requirements (i.e., number trained).

-   Undue burden requests -- approved and denied.

In addition to being useful for internal performance reviews, many of
these same performance measures may also be used in biennial reporting
to the U.S. Department of Justice on USDA\'s Section 508 compliance.

For a set of Section 508 performance measures to be effective as a tool
within USDA, periodic (e.g., at least annual) internal performance
reporting requirements should be established at the appropriate mission
area and agency levels.

# Section 6. Training

This section provides a framework for training all the various
participants in developing, implementing, and using the department\'s
EIT, including suggestions for content and delivery.

USDA agencies should ensure that their personnel receive the appropriate
training and demonstrate appropriate levels of proficiency for their
areas of responsibility.

The General Services Administration developed several online and CD
training modules that can be accessed at:

<http://www.section508.gov/index.cfm?FuseAction=Content&ID=5>.

The online modules include training for:

> Designing Accessible Websites
>
> Buying Accessible EIT (Requiring Officials and Contracting Officers)
>
> Section 508 Coordinators (Departmental and Agency level)
>
> Accessible Conferences

1.  Accessible Video and Multimedia

Additional Accessibility and Usability Concerns: Electronic Forms and
E-Mail

1.  Section 508 Awareness

The following section will provide guidance on developing or obtaining
comprehensive training to address all areas of Section 508.

## 6.1 Web Development

> Targeted audience: Web developers and content managers with a detailed
> knowledge of web development and html coding.
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Student should gain a detailed understanding of each technical
> standard of 1194.22 and how it is applied to web content design.
> Examples of how to ensure conformance to each technical standard
> should be provided.
>
> Students should receive an introduction into web accessibility testing
> techniques.
>
> Content for testing techniques should include an introduction to web
> testing tools including coverage of strengths and weaknesses for each
> tool.

## 6.2 Software Development

> Targeted audience: Software developers or managers of development
> efforts.
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Student should receive a detailed understanding of each technical
> standard of 1194.21 and how it is applied to client server software
> applications.
>
> Examples of proper coding techniques should be provided and explored
> for various development environments.
>
> Students should be introduced to various assistive technologies used
> to test software applications for accessibility.
>
> Testing techniques for each technical standard should be discussed in
> detail.

## 6.3 Procurement 

> Targeted audience: Procurement or contracting officers, IT managers or
> acquisition personnel.
>
> Course Objectives:
>
> Participants should gain detailed knowledge of the requirements for
> Federal Agencies regarding Section 508 compliance and how the changes
> in the Federal Acquisition Regulation (FAR) impact the requirements
> for EIT procurements.
>
> Students should explore in detail agency procedures for completing
> market research.
>
> Training should include techniques to evaluate vendor representation
> of technical conformance including evaluating Voluntary Product
> Accessibility Template. (VPAT)

## 6.4 Support Staff 

> Targeted audience: Support Staff
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Training should include techniques in obtaining and evaluating
> prospective company/products VPAT (Voluntary Product Accessibility
> Template).
>
> Participants should gain an understanding of what is required for
> market research and how to ensure that the product conforms to the 508
> standard.

## 6.5 Telecommunications 

> Targeted audience: Telecommunications staff
>
> Course Objectives:
>
> Participants should receive a comprehensive overview of each of the
> technical standards of Section 508 1194.23 as it related to
> telecommunications.
>
> Content should include barriers faced by individuals with disabilities
> when accessing telecommunications equipment.
>
> Topics of discussion should include TTY description and
> demonstrations, voicemail and IVR accessibility, caller id functions,
> etc.

## Communications/Public Affairs 

Targeted audience: Media content developers

> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Student should gain a detailed knowledge of Subpart D. Information,
> Documentation and Support.
>
> Student should gain a detailed knowledge of Subsection 1194.24 Video
> and Multimedia products.
>
> Participants should gain knowledge of developing and producing media
> material in accessible formats.
>
> Discussions of accessible formats should include close captioning,
> audio description, low bandwidth solutions.
>
> Topics should include discussion of accessible formats of public
> materials.

## 6.7 Help Desk Staff

Targeted audience: Help desk staff and managers

> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Topics for discussion should include:
>
> \- introduction to various types of disabilities and barriers that are
> faced when accessing EIT,
>
> \- discussion and demonstration of various assistive technologies,
>
> \- overview of systems requirements,
>
> \- troubleshooting techniques,
>
> \- and tips on interacting with people with disabilities.

## 6.8 Disability Employment Program Managers 

Targeted audience: Disability Employment Program Managers

> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Participants should gain an understanding of each of the
> Rehabilitation Act sections. 501, 504, 505, 508.
>
> Topics of discussion should include an examination of Section 508 and
> Section 504 and how they interact.

## 6.9 Requiring Official Training

> Targeted audience: Requiring Officials, contract officers or any
> employee that seeks to purchase EIT.
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> After completion of this course students should be able to:
>
> Describe briefly the history of section 508.
>
> Identify the purpose of section 508.
>
> Identify the purpose of sections 501 and 504.
>
> Explain the requirements of the standards for section 508 as they
> pertain to electronic and information technology (E & IT).
>
> Explain how section 508 impacts the Federal Acquisition Regulation
> (FAR). Describe how the FAR updates impact E & IT procurement.

## 6.10 IT Personnel 

> Targeted audience: IT support personnel including network,
> engineering, and all IT staff.
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Discussion of how Section 508 impacts the integration of accessible
> technology into the Agency IT infrastructure.

## 6.11 Civil Rights 

> Targeted audience: Human Resources and Civil Rights Personnel,
> Managers
>
> Course Objectives:
>
> Participants should gain an understanding of the basics of Section 508
> of The Rehabilitation Act of 1973, as amended.
>
> Participants should gain an understanding of each of the
> Rehabilitation Act sections. 501, 504, 505, and 508.
>
> Topics of discussion should include an examination of Section 508 and
> Section 504 and how they interact.
>
> Students should review the section 508 complaint process.

# Section 7. Application Accessibility Guidelines and Testing Procedures.

In the course of testing applications for accessibility, it is useful to
have operational guidance for testing. The purpose is to provide testers
with specific methods to use for testing and to show testers what they
should be looking for to meet Section 508 requirements. Many current
tools (Infocus, Bobby, etc.) really only apply to web pages and web
applications. Testers and evaluators often feel, mistakenly, that
Section 508 compliance testing has to be much more demanding and time
consuming (and complicated) than it really turns out to be. The testing
strategy proposed below is intended to serve as a working approach to
evaluate accessibility against Section 508 standards without requiring a
technical background in accessibility or assistive technology.

Hopefully, the approach discussed here should expedite applications
testing and review and, at the same time, provide more realistic
assessments of the accessibility of the application, and should be
helpful in pointing out problem areas. At the same time, this testing
strategy focuses directly on Section 508 compliance elements, as
publicly available from the Access Board and in this document.

**Introduction.** This section describes specific techniques for
evaluating whether software applications meet Section 508 requirements.
For reference, see the

Access Board\'s web site:

<http://www.access-board.gov/sec508/508standards.htm>, then click the
link for \"Text\"

By including testing with assistive technology software, the testing
described here will also help to evaluate whether the software
application is usable by persons with disabilities.

## Summary

The techniques are:

-   Run the application.

-   Put the mouse aside and do not use it during any of the testing.

-   Use the keyboard alone to navigate through the entire application
    and note where this does not work.

-   With every navigation keystroke, watch the screen to ensure that
    there is a visible focal point that moves with each navigation
    keystroke, moving among all the pieces of information on the screen,
    and note where this does not work.

-   Check to make sure that accessibility aids (e.g., \"StickyKeys\" and
    menu font enlargement) still work when the application is running,
    and note if this does not work.

-   Test the application with a screen reading program to ensure that
    the application provides sufficient information to the screen
    reading program to be usable, and note where there are usability
    problems.

In the material that follows, this short summary is explained in more
detail. The techniques described are simple to use, and produce results
that are consistent with repetitive testing by any tester. In other
words, the results are not subjective and the testing and its results
may be easily replicated by anyone.

The approach described here does not require special software (except
for the assistive technology testing), or specialized skill on the part
of the evaluator. When combined with testing of software applications
with assistive technologies as a part of the testing procedure, the
testing strategy can predict, with nearly 100% accuracy, the usability
of the software application by persons with disabilities. In addition,
the testing results that the tester can document when following this
procedure can serve as a comprehensive description of what exact changes
must be made to software in order to make it accessible, as well as
compliant with Section 508.

## General testing requirements

Testing should be performed on an IBM-compatible personal computer with
at least 64MB RAM (128MB or more preferred), a working sound card with
connected speakers or headset, a mouse, and VGA display adapter and
color monitor with display settings at 800x600 resolution and 256
colors. Windows 95, 98, Millenium Edition, NT4, or Windows 2000
Workstation, or Windows XP operating system should be installed.
Computers or applications that run only on Macintosh OS, Unix OS, or
operating systems other than those listed above will generally fail one
or more of the Section 508 criteria and consequently fail core criteria
for testing and cannot benefit from the following testing approach.

[How to set up the display for testing]{.underline}. To set display
settings in preparation for testing, select the START menu, select
SETTINGS, select CONTROL PANEL, select DISPLAY, select the SETTINGS tab,
set \"Desktop Area\" to 800 x 600, if it not already; then change the
COLOR PALETTE to 256 colors, then select APPLY.

## Testing with Assistive Technology

To fully test the usability of the application with assistive
technology, we recommend undertaking the following tests using a screen
reading program, either concurrently with the testing protocol described
below (recommended), or as a separate step, duplicating the entire
testing protocol. A demonstration version of the JAWS screen reading
program is available from the Freedom Scientific web site, and it may be
used to test the application for compatibility with, and usability with
a screen reading program. The current location for a demonstration
version is:

<http://www.freedomscientific.com/fs_downloads/jaws_form.asp>

Documentation is also available on the Freedom Scientific web site. The
current location is:

<http://www.freedomscientific.com/fs_support/doc_screenreaders.asp>

For an assessment of usability of the application with the screen
reading program, specialized knowledge of the screen reading program is
not required. It is sufficient to simply launch the screen reading
program, and then observe whether or not the screen reading program
speaks every visually evident focal point as the tester uses the
keyboard to navigate through the program. In addition:

-   If a focal point is logically tied to a prompt (for example, if the
    focal point lands in an edit field with a prompt to the left of the
    edit field, or a radio button with a description above the radio
    button), and JAWS fails to read the prompt upon movement into that
    edit field or other control, that component in the application fails
    the assistive technology test.

-   If the sighted tester cannot use the keyboard to navigate to areas
    on the screen where information is presented that the sighted tester
    looks at or observes for guidance in using the program, and if those
    areas of the screen are not spoken by JAWS in logical order as the
    tester uses the keyboard to navigate across the application, then
    that component fails the assistive technology test.

## How to test the application.

The purpose of this test is to determine the compliance of the
application with Section 508 requirements, and to develop complete
responses to the USDA Section 508 Evaluation Checklist (See Appendix I).
In undertaking this testing, there are three stringent requirements:

***(1) NO USE OF THE MOUSE.** The mouse should be set aside and not used
at any time for any part of the keyboard, focus, and assistive
technology tests of the application. For these tests, the keyboard can
be the only means of navigation. If a component cannot be used without a
mouse, or something cannot be done with the keyboard alone, that
component fails one of the core Section 508 requirements, and testing
need not continue further with that component. It does not matter
whether or not the remaining application is fully keyboard-enabled, if
the gateway to the remaining application can only be launched by mouse
action, the application fails the \"keyboard\" test, and testing must be
discontinued. The mouse will need to be used, however, to switch
applications in the StickyKeys test, and may be used to in preparatory
steps outside of the actual keyboard, focus, and assistive technology
tests.*

***(2) FOCAL POINT MUST BE CAREFULLY MONITORED.** Careful visual
observation of the \"focal point\" is one of the central requirements of
this test. The \"focal point\" is typically indicated by an on-screen
highlight, color change, dotted outline, underline, change in cursor, or
other physical change on the screen. This focal point must move among
all interactive elements of the screen. In other words, if there are
parts of the screen or application that provide information but cannot
be \"focused upon\" under keyboard control, then that component of the
application fails the \"focus\" test, and this should be noted.
Nevertheless, further testing can continue.*

***(3) TESTING REQUIRES GOOD VISUAL ACUITY.** Because the visual
observation of the effect of keyboard navigation on the application \--
both for what IS focusable as well as for what is NOT focusable \-- is
so central to the Section 508 testing, the testing must be conducted by
a tester with good visual acuity. While blind and low vision testers
have a useful role to play in testing the accessibility of applications,
it is critically important that a fully sighted tester document what is
physically displayed but is NOT accessible, in order to evaluate the
\"focus\" requirement. Because of limitations in the actual application
being tested, a blind tester will be unable to properly evaluate
limitations in the application\'s \"focus\" requirement.*

## Testing Protocol

The testing protocol is based on the Section 1194.21 Software
Applications and Operating Systems standards, of Section 508. In this
protocol, the word \"component\" will be used to indicate the part of
the application that you currently observe at any moment on-screen, and
may be further broken down into smaller units, such as on-screen
controls (edit boxes, radio buttons, list boxes, etc.). When a component
fails one of the tests below, the \"Comments\" section of the
corresponding element in the Section 508 Evaluation Checklist should
briefly describe the component and how it failed. For the sake of
documenting the problem for internal developers who might be in a
position to fix the failure, specific details (such as a description of
on-screen controls) should be provided for further use by developers.

The \"Software Applications and Operating Systems\" evaluation checklist
includes twelve elements, designated alphabetically, from \"A\" to
\"L,\" corresponding directly with the \"A\" through \"L\" elements in
the Section 508 standards, described at 36 CFR Part 1194, Subpart B \--
Technical Standards § 1194.21, Software applications and operating
systems.

For the purpose of testing, elements A and C and D are combined, since
they are tightly interrelated: Keyboard navigation (\"element A\")
changes the focal point (\"element C\"). Changes in focal point are the
triggers for at least two major categories of assistive technologies \--
screen reading and screen enlargement. If a screen reading program is
used as the basis for testing element D, it is usually efficient to test
all three elements concurrently (keyboard use, focus, and assistive
technology as represented by a screen reading program).

**ELEMENT A (Keyboard):** *\"When software is designed to run on a
system that has a keyboard, product functions shall be executable from a
keyboard where the function itself or the result of performing a
function can be discerned textually.\"*

**ELEMENT C (Focus):** *\"A well-defined on-screen indication of the
current focus shall be provided that moves among interactive interface
elements as the input focus changes. The focus shall be programmatically
exposed so that Assistive Technology can track focus and focus
changes.\"*

**ELEMENT D (Information available to Assistive Technology):**
*\"Sufficient information about a user interface element including the
identity, operation and state of the element shall be available to
Assistive Technology. When an image represents a program element, the
information conveyed by the image must also be available in text.\"*

**ACTION STEPS:**

**Keyboard test (element A):**

Navigate, using the keyboard alone, through all of the components,
dialogs, menus, and other interface elements to determine whether each
of the interface elements is fully usable with the keyboard alone. Do
not use the mouse during any part of the test, at any time. Test all of
the typical navigation approaches including:

-   Use the TAB key to navigate through sequentially through all of the
    elements of dialog boxes, forms, fields, and many other types of
    application interfaces. Use SHIFT + TAB to navigate in reverse
    through these same elements.

-   Use DOWN ARROW key to navigate through lists or list boxes, or ALT +
    DOWN ARROW to open a combo box or list box, then DOWN ARROW to
    navigate, and ESC to close.

-   Use ALT + a letter to activate an element that is marked with an
    underline under the \"accelerator letter.\"

-   If the application uses a menu bar, press the ALT key by itself, and
    then use the right arrow key to navigate across menu items. Then in
    any given menu, navigate downward to observe whether a menu opens
    beneath the menu keyword. If the ALT key does not place focus on the
    menu, or (once that focus is visible) if the right and left and down
    and up cursor keys do not open up the menu, this test fails.

-   When entering information into edit fields, the RIGHT or LEFT ARROW
    keys should navigate across existing text, and holding the DELETE
    and BACKSPACE keys should delete text.

-   When entering information into edit fields, move to the beginning of
    the text with the HOME key, then hold the SHIFT key down, and use
    the RIGHT ARROW key to highlight text. Use CTRL + C to copy the
    highlighted text, and then right arrow to clear the highlight. Then
    use CTRL + V to paste that text back at the current cursor position.
    If any of these steps do not operate as indicated, the test fails.

-   CTRL + TAB should navigate through successive pages of multi-paged
    dialog boxes.

-   Also, for multi-paged dialog boxes, use TAB to move to the page tab
    label, then RIGHT ARROW to move from one page (of the multi-page
    dialog) to the next.

-   ESC key will typically close an open dialog box.

**Document Results:** If any component cannot be used with the keyboard
alone, document the deficiency, and report it under \"Comments\" for
element A on the Section 508 evaluation checklist, 1194.21(a).

**Focus Test (Element C)**

Note that this test must be conducted concurrently with the keyboard
test, above.

With each keyboard navigation keystroke, observe if the focus changes
(that is, look for a physical change on the screen indicating your new
position. This can be a color change, highlight change, dotted line
around a new element, etc.) Sometimes the focal point change is very
subtle, and you may need to move one step back in the sequence and
repeat the movement to the new focal point to observe the change in
on-screen focus. If there is no visible evidence of a change in focus,
the focus test fails for this particular component, and the outcome must
be documented (see below, under \"DOCUMENT RESULTS\"). Whether or not
you see a focus change may be inconsistent. For example, a dialog box
may show focus changes for all but one or two elements. If there is any
information that the user must be aware of that is not included in the
cycling through focal points, then the focus test fails for that
component.

Remember that the focus must be able to be moved to any area of
on-screen information. The following situations represent typical
problems of focus that indicate a failure in the focus test:

-   Dual focus points. (For example, TABbing to a component in a dialog
    box presents an explanation of that component in another area of
    static text in that dialog box. Here there are two focus points, and
    there is no automatic way for assistive technology \-- screen reader
    or screen enlarger \-- to deal with this; consequently this is a
    failure of the focus test (element C) and it should be documented).

-   Information areas on-screen that include instructions or other data
    important to the user that are not able to be \"focused upon\" with
    keyboard movement of the focus. (For example, explanatory text,
    hints.) Prompts are NOT a problem, as long as they are in proximity
    to the edit field or control they are connected with. The best way
    to test whether or not on-screen information is included in the
    focus, or programmatically exposed to assistive technology is to
    listen for the on-screen information during the entire cycle of
    keyboard navigation, with the screen reading program running. If the
    information area is not spoken by a screen reading program, it fails
    this test, and the missed information should be documented in
    remarks for element C.

**Document Results:** If there is no evident change in on-screen focus
as you navigate through one or more components of an application,
document the deficiency, and report it under \"Comments\" for element C
on the Section 508 evaluation checklist, 1194.21(c).

**Screen Reading Test (Element D)**

Note that this test should be conducted concurrently with the keyboard
test, above, or it may be conducted later, repeating the keyboard test
as the primary technique used to evaluate screen reading. To run this
test, the screen reading program (e.g., JAWS) should be loaded and
active. \[Note that the demonstration version of JAWS only runs for
approximately 40 minutes, then closes. To restart JAWS, you will need to
restart the computer and then reload JAWS.\] With each keyboard movement
that triggers a change in the focus, note whether the contents at the
physical focal point is consistent with what the screen reading program
is speaking. If it is not, this is a failure in the screen reading test
(element D). If you want to \"replay\" what the screen reader spoke, use
the keyboard to move one step backward in the sequence, then go forward
again to return the focal point to the position where the screen reader
spoke the focus, and listen again. Typical \"reverse and then forward\"
keystrokes are SHIFT + TAB, followed by TAB, or UP ARROW, followed by
DOWN ARROW. The following points should be checked carefully in the
screen reading test:

-   Are all prompts for edit fields or radio buttons spoken?

-   Are all prompts or labels over other controls, such as list boxes,
    spoken?

-   Are other informational areas of text spoken, appropriately, as you
    navigate through the application, dialog box, or other component?

-   Are there areas of on-screen information that seem to be ignored by
    the screen reading program?

**Document Results:** If the screen reading program does not speak the
contents of the new focal point each time you change focal point, or if
it does not explain context by speaking prompts or text associated with
that focus and which would be needed to understand what to do at that
point, then document the deficiency, and report it under \"Comments\"
for element D on the Section 508 evaluation checklist, 1194.21(d).

**ELEMENT B (No Disruption of Accessibility Features):** *\"Applications
shall not disrupt or disable activated features of other products that
are identified as accessibility features, where those features are
developed and documented according to industry standards. Applications
also shall not disrupt or disable activated features of any operating
system that are identified as accessibility features where the
application programming interface for those accessibility features has
been documented by the manufacturer of the operating system and is
available to the product developer.\"*

**ACTION STEPS:**

There are certain elements built into the operating system that
represent accessibility features. These include accessibility aids
(under Settings \... Control Panel \... Accessibility) such as \"sticky
keys\" that allow a user to press one key at a time in a sequence
instead of pressing two or more keys at once; and accommodating changes
in user preferences, including, for example, enlarging system wide
fonts. Two quick tests will serve to qualify whether the application
meets the requirements of element B of the Section 508 Evaluation
Checklist. Before running these two tests, unload the screen reading
program (for example, with JAWS, use Insert + F4 to close the program,
and respond with a SPACE BAR on the OK button to close the program).

**\"StickyKeys\" Test:**

The purpose of this test is to determine if having the StickyKeys
accessibility aid running allows you to use StickyKeys to control your
application. The test is not comprehensive, and only tests one keystroke
combination, ALT + F4, which should close your application. If this test
fails, however, it is reasonable evidence that the application may not
be compatible with some accessibility aids.

-   Be sure the application under test is running.

-   Set up sticky keys: Select the START menu, select SETTINGS, select
    CONTROL PANEL, select \"Accessibility Options,\" press the SPACE BAR
    at the \"Use StickyKeys\" check box, and press ENTER. A dialog
    appears, asking if you want to save the settings for the default
    user. Press the \"N\" key for \"No.\" (Follow the same exact steps,
    later, when the test is complete, to disable StickyKeys)

-   To switch to your running application, do NOT use ALT + TAB.
    Instead, use the MOUSE to click on your application on the task bar
    at the bottom of the screen.

-   In your application, tap the ALT key, alone. You should hear a noise
    from the speakers. Then tap the F4 function key. Your application
    should close.

If you heard no noise from the speakers when pressing the ALT key,
StickyKeys may not be properly loaded. Repeat the steps, above.
Otherwise, if you heard the noise when pressing the ALT key, and if the
application does not close, the test fails, and the outcome should be
reported under \"Comments\" for element B on the Section 508 evaluation
checklist, 1194.21(b).

**Menu Font Size Test:**

The purpose of this test is to determine whether user preference changes
in overall system settings, such as the size of menu fonts, affect the
application. Applications which circumvent operating system conventions
for managing screen fonts, font sizes, etc., may fail this test.

-   Be sure the application you are testing is running.

-   Change menu font size, as follows: Select the START menu, select
    SETTINGS, select CONTROL PANEL, select \"Display,\" then press
    CTRL + TAB to move to the \"Appearance\" page of the Display dialog.
    TAB three times to move to the \"Item\" setting, then press \"M\"
    for \"Menu.\" TAB four more times to the font size, type 14 and
    press the ENTER key. The font size in your application\'s menu bar
    should have increased, and reformatted to accommodate the larger
    menu font size. Repeat this step to return the menu font size back
    to its previous setting, usually 8 point.

If you heard no noise from the speakers when pressing the ALT key (it
sounds like a \"squeak\"), StickyKeys may not be properly loaded. Repeat
the steps, above. Otherwise, if you heard the noise when pressing the
ALT key, and if the application does not close, the test fails.

**Document Results:** If one or both of these two tests fail, document
the deficiency, and report it under \"Comments\" for element B on the
Section 508 evaluation checklist, 1194.21(b).

**ELEMENT E (Consistent meanings for bitmap images):** *\"When bitmap
images are used to identify controls, status indicators, or other
programmatic elements, the meaning assigned to those images shall be
consistent throughout an application\'s performance.\"*

**ACTION STEPS:**

This element should be tested by visual observation of the application,
looking for any inconsistency in the use of bitmap images and their
associated meaning or purposes. For example, if a search button is
represented in one component of the application as a bitmap image that
looks like a magnifying glass, and if, in another component of the
application, the search button appears to be a bitmap image of a finger
pointing to a page in a book, these are not consistent, and the test
fails.

**Document Results:** If there is inconsistent use of bitmap images,
this should be documented in element E on the Section 508 evaluation
checklist, 1194.21(e).

**ELEMENT F (Text should be text, not an image):** *\"Textual
information shall be provided through operating system functions for
displaying text. The minimum information that shall be made available is
text content, text input caret location, and text attributes. \"*

**ACTION STEPS:**

Whether or not what APPEARS to be text on the application screen is
ACTUALLY text can usually be determined by using a feature of the screen
reading program, JAWS, called the JAWS cursor. If an area of the screen
APPEARS that it may not be text, but rather might be a graphic image
that incorporates text as a part of the graphic image itself, test for
the existence of text as follows:

With JAWS running, tap the \"-\" key in the upper right corner of the
numeric keypad. JAWS should report, \"JAWS cursor.\" Now, use the
numeric keypad ARROW keys to move what appears as the mouse cursor to
the area of the screen to be tested, and move the cursor in this way
across the text itself. If JAWS reads the text, the text information is
being provided through operating system functions for displaying text.
If JAWS does not read the text or if it reports \"graphic,\" the test
fails.

**Document Results:** If there is text embedded in a graphic in the
application, and it cannot be read by the screen reading program, this
should be documented in element F on the Section 508 evaluation
checklist, 1194.21(f).

**ELEMENT G (Respect user color/contrast settings):** *\"Applications
shall not override user selected contrast and color selections and other
individual display attributes.\"*

**ACTION STEPS:**

In all versions of Windows, the user has the ability to change the
contrast and color selections that apply to all Windows applications and
to the desktop. Some Windows applications override this system-wide
setting, and that application is not compliant with element G. \[Note:
system policy may not allow the user to change system colors. This
policy is not permitted under element G of Section 508.\] To test this,
select the START menu, then SETTINGS, then CONTROL PANEL, then DISPLAY.
Then use CTRL + TAB to move to the \"Appearance\" tabbed dialog page,
and press \"H\" to select \"High Contrast Black\" and press ENTER.

Now, use ALT + TAB to return to your application and test menus,
dialogs, edit fields, and all other interface components. If they appear
to be white foreground letters and dark background, and all elements of
the application have changed, consistent with the system-wide setting of
color and contrast, then the application passes this element. If any
part of the application still appears to have a white background, then
the application fails.

To \"undo\" the color and contrast selection and return it to \"Windows
Standard,\" select the START menu, then SETTINGS, then CONTROL PANEL,
then DISPLAY. Then use CTRL + TAB to move to the \"Appearance\" tabbed
dialog page, and press \"W\" twice to select \"Windows Standard\" and
press ENTER. Then ALT + F4 to close the Control Panel.

**Document Results:** If, after the system-wide contrast/color change is
made, the application has components that are white background, or if
any other foreground or background color combination is UNAFFECTED by
the system-wide color change, this should be documented in element G on
the Section 508 evaluation checklist, 1194.21(g).

**ELEMENT H (Provided non animated alternates to animation):** *\"When
animation is displayed, the information shall be displayable in at least
one non-animated presentation mode at the option of the user.\"*

**Document Results:** If there is animation in the application, and
there is no non-animated option to display the same information, this
should be documented in element H on the Section 508 evaluation
checklist, 1194.21(h).

**ELEMENT I (Color not sole way to convey information):** *\"Color
coding shall not be used as the only means of conveying information,
indicating an action, prompting a response, or distinguishing a visual
element.\"*

**ACTION STEPS:**

Color coding, such as the instruction, \"please complete the fields in
\'red\'\" is not allowable unless it is also accompanied by an alternate
instruction, such as \"please complete the fields in \'red\' which are
also indicated by the word \'REQUIRED\' at the beginning of the
question.\" Check the application for references to colors in prompts or
instructions and determine if an alternative means is provided to
understand the same information for those who cannot distinguish the
color referred to in the instruction.

**Document Results:** If color is the sole means used in a prompt or
instruction, this should be documented in element I on the Section 508
evaluation checklist, 1194.21(i).

**ELEMENT J (When color/contrast used, offer variety to the user):**
*\"When a product permits a user to adjust color and contrast settings,
a variety of color selections capable of producing a range of contrast
levels shall be provided.\"*

**ACTION STEPS:**

This item is similar to element G, but G applies to user control over
system-wide contrast and color and whether the application conflicts
with this. Element J addresses the feature of an application that can
provide the user with contrast or color selections WITHIN THE
APPLICATION. If the application supports this, be sure that the
application FIRST meets element G\'s requirements, and will allow the
user to set system-wide settings and have it override the application\'s
individual color settings. It is not acceptable to merely provide color
controls in the application that can mimic system-wide color settings;
they must be capable of being overriden entirely by system-wide colors.
After ensuring that system wide colors can override the application\'s
specific colors (and user options for colors), then test the
user-definable color and contrast settings, and ascertain whether a
sufficient variety is offered to provide contrasting
foreground/background colors. If user-selectable color combinations do
not provide low to high contrast levels (between foreground and
background), then the application fails on this element.

**Document Results:** If user selectable colors do not provide a wide
range of contrast levels, this should be documented in element J on the
Section 508 evaluation checklist, 1194.21(j).

**ELEMENT K (No quick flash or blinks):** \"*Software shall not use
flashing or blinking text, objects, or other elements having a flash or
blink frequency greater than 2 Hz and lower than 55 Hz.\"*

**ACTION STEPS:**

Observe whether there is flashing or blinking text in the application,
and then observe whether it looks like it is blinking more than two
times per second. If it flashes more than 55 times per second, the eye
will generally regard it as NOT FLASHING. If visible flashing is
evident, at more than two times per second, the application fails to
conform to element K.

**Document Results:** If flashing or blinking text occurs in the
application more than two times a second, or less than 55 times per
second, this should be documented in element K on the Section 508
evaluation checklist, 1194.21(k).

**ELEMENT L (Electronic Forms work with Assistive Technology):** *\"When
electronic forms are used, the form shall allow people using Assistive
Technology to access the information, field elements, and functionality
required for completion and submission of the form, including all
directions and cues.\"*

**ACTION STEPS:**

This test only applies to electronic forms or forms-like applications.
This test is best conducted in conjunction with the screen reading
program, and concurrent with the testing for elements A, C, and D.

As you use the keyboard (e.g., typically the TAB or CURSOR keys) to
navigate through the form, ensure that the screen reading program reads
ALL information that is available to a sighted user. Note especially:

\-- instructions

\-- directions about filling out a specific field that may be located
above, below, or to the right of the field, and that are separate from
the field prompt itself

\-- error messages

\-- color coding for mandatory fields

\-- any other explanations that provide cues or other information for
the user.

The navigation technique that you use for navigating through the form
should be the same technique that automatically provides spoken cues for
each part of the form. While instructions may be present at the
beginning of a group of questions, unless they are read during the
typical navigation keystroke sequence, there will be no logical way to
associate the instructions with the questions or fields to which they
are related. If the standard means for navigation from one field to the
next bypasses instructions, directions, and cues, then the electronic
form fails to conform to the element L.

**Document Results:** If any prompt, direction, explanation, or
instruction on a form is not spoken by the screen reading program, this
should be documented in element L on the Section 508 evaluation
checklist, 1194.21(l).

# Section 8. Technical Approaches to Ensuring Accessibility of Web Pages

**Thirteen Rules for Web Accessibility**\
**Federal IT Accessibility Initiative\
Implementing Section 508\
of the Rehabilitation Act**

**1. Provide *Alternate* Text**\
A text equivalent for every non-text element shall be provided via
\"alt\" (alternative text attribute), \"longdesc\" (long description
tag), or in element content. This applies to:

-   Images and graphical buttons

-   Graphical representations of text (including symbols)

-   Image map regions

-   Animations

-   Applets and programmatic objects

-   ASCII art (two slides)

-   Frames

-   Scripts

-   Images used as list bullets

-   Images used as \"spacers\"

-   Sounds (played with or without user interaction)

-   Stand-alone audio files

-   Audio tracks of video

-   Described video

**2. Meaning must be independent of color**\
Web pages shall be designed so that all information required for
navigation or meaning is not dependent on the ability to identify
specific colors.\
\
**3. Identify language changes**\
Changes in the natural language (e.g., English to French) of a
document\'s text and any text equivalents shall be clearly identified.

-   For short passages of different languages within a page

-   When the entire page is in different language

**4. Style sheet independent**\
Documents shall be organized so they are readable without requiring an
associated style sheet.\
\
**5. Update equivalents for dynamic content**\
Web pages shall update equivalents for dynamic content whenever the
dynamic content changes.

-   Image used FRAMES

-   FRAMES and dynamic content created by SCRIPTS

**6. Redundant text links for server-side image maps whenever
possible**\
Redundant text links shall be provided for each active region of a
server-side image map.\
\
**7. Use client-side image maps whenever possible**\
Client-side image maps shall be used whenever possible in place of
server-side image maps.\
\
**8. Row and Column Headers in Data Tables**\
Data tables shall provide identification of row and column headers.\
\
**9. Data cells must be associated with header cells**\
Markup shall be used to associate data cells and header cells for data
tables that have two or more logical levels of row or column headers.\
\
**10. Title all frames**\
Frames shall be titled with text that facilitates frame identification
and navigation.

-   Simple titles

-   Complex frameset descriptions

**11. Script Independent**\
Pages will be usable when scripts, applets or other programmatic objects
are turned off or are not supported or shall provide equivalent
information on an alternative accessible page.

-   When the user doesn\'t support scripts or plug-ins, they must have
    an alternative.

-   When the user does support scripts, they must be as accessible as
    possible.

-   When the page serves a programmed application, the application must
    be accessible.

**12. Synchronize multimedia equivalents**\
Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation.

-   Synchronization

-   A text transcript of audio material is required and when
    synchronized with the multimedia, is called \"captioning\"

-   A text or audio description of action and scenery in a video is
    required, and when synchronized with the multimedia, is called
    \"video description\"

**13. Provide option to skip repetitive links**\
An appropriate method shall be used to facilitate the easy tracking of
page content that provides users of assistive technology the option to
skip repetitive navigation links.\
\
**Related web sites:**

-   [**Federal IT Accessibility
    Initiative**](http://www.section508.gov/)
    (<http://www.section508.gov/>)

-   [**Center for IT Accommodation
    (CITA)**](http://www.itpolicy.gsa.gov/cita)
    (<http://www.itpolicy.gsa.gov/cita>)

**See also Guidelines from the Access Board, at**

<http://www.access-board.gov/sec508/guide/1194.22.htm>

# Section 9. Technical Approaches to Ensuring Accessibility of Documents

The following guidelines should be used when creating documents that are
posted on web pages for public use, or made available in electronic form
to employees. Applying these guidelines will help to remove barriers to
accessibility:

**Using text descriptions.** Microsoft Office documents that contain
graphics, graphs, photographs or other images should include text
descriptions of the graphic elements immediately before or after the
graphic and in enough detail that the reader understands the content. In
HTML and PDF documents, the graphics, graphs, photographs or other
images should be properly tagged (e.g., using ALT text in HTML) to
provide sufficient detail to allow individuals who are blind or low
vision to understand the information that is included in the graphic.

**Creating accessible documents.** For USDA employees, documents may be
in Microsoft Office file formats but must be made accessible taking into
account the following requirements:

-   Microsoft Word documents should not have protected zones, and should

-   be fully editable, and cursor navigable throughout the document. To
    test this, use the keyboard alone to navigate throughout the
    document, and place the cursor in all areas of the document,
    including explanatory text preceding entry fields. (Examples of
    problem documents: those that have explanatory text and fill-in
    \"fields\" where the explanatory text is not navigable by the
    user\'s cursor, and where keyboard navigation is limited to only
    fillable \"fields\".)

-   Microsoft Word documents should not contain \"text boxes\" nor Word
    Art, both of which pose accessibility barriers to persons with low
    vision and mobility impairment.

**Setting up tables for accessibility.** Microsoft Office documents
containing tabular data should be created using the table creation
tools, and **not** using the TAB key to construct a simulated table.
Headings should appear at the top of a table in the first table row, and
should be fully descriptive of the data in the underlying column below
the heading. The top row of a table should not include the table title
spanning several columns of a table; rather, include the table title on
a text line immediately preceding the table. For web pages with tables,
properly tag table elements, including using table header (TH), ID and
TITLE attributes to facilitate table navigation.

**Creating accessible spreadsheets.** Wherever text is used in a
Microsoft Excel spreadsheet, the complete content of the text item must
be included in a single cell, and NOT carried over from one row to the
next, nor stacked vertically in multiple cells. Word wrap should be
enabled to allow single cell text to be displayed properly without
extending into adjoining cells. Multiple level headings should be
avoided, including heading cells that span several columns.

**Creating accessible presentations.** Prepare Microsoft PowerPoint
presentations so that graphics enhance the message but do not comprise
the message itself. For example, each slide should present its content
fully in text or at least should include text that explains and
describes graphics. Then, to check accessibility, view the \"outline\"
view of the presentation to ensure that the outline text presents the
presentation fully. Then to save an accessible version of the Powerpoint
presentation, save it as an \"rtf\" file, which includes the full
outline content. This version of the presentation may be used by
employees with visual disabilities to access the presentation, or it may
be used as the basis for an HTML version of the presentation with or
without accompanying (\"alt-text tagged\") graphics. If PowerPoint\'s
built-in function for creating an HTML version of the presentation is
used and posted on an internet or intranet web site, the site should
include links to the HTML version as well as an alternative link to the
text version (which is constructed using the rtf file incorporating the
text outline).

**Using tagging in PDF documents.** Adobe Portable Document Format (PDF)
documents should be created using Adobe Acrobat version 6 or later
software, or equivalent tools from Adobe. All elements should be
properly tagged, using the \"make accessible\" feature, in order to make
the documents as compliant as possible with the Section 508
requirements.

Where possible, for internet documents, create a text-only or HTML
equivalent of all PDF documents. Even when the \"make accessible\"
feature is used, and elements are properly tagged, some screen reading
software used in conjunction with Adobe Acrobat still cannot assure
accessibility. Providing an HTML or text alternative provides the widest
possible accessibility to members of the public.

For intranet documents, PDF documents should always be accompanied by an
alternative document in Microsoft Office file format, or HTML format
that is properly coded according to the Section 508 web accessibility
standards (e.g., tables).

PDF documents that contain scanned images as the base for the entire
document are not compatible with assistive technologies. Scanned PDF
documents should be converted to text using the Adobe Paper Capture
feature, or using the original electronic form of the document, where
available. For internal employee use, the document should then be saved
in Microsoft Office format, or in HTML format for posting on public web
sites.

Adobe PDF forms can be made accessible by making them fillable using the
Adobe Acrobat 6 or later software. This will enable an individual using
Adobe Reader 6 or later to fill out the form on their computer and print
a copy. To make the PDF forms accessible, the \"make accessible\"
feature is applied to the form, the form tool is used to make the fields
fillable, and alternate text is added to each field so that the
assistive technologies can access the field labels.

# Section 10. Guidelines for Requiring Officials

The FAR sets out requirements for requesting/requiring officials to
document their acquisitions through documented market research, and
written substantiation for the conformance of products or services with
Section 508 standards, or fully documenting the lack of commercial
availability, or the existence of an undue burden in conforming to
Section 508 standards. The following checklist can help facilitate this
documentation, and can be used as a tool to document the acquisition,
accompanying checklists that are included in AGAR Advisory 49 (see
Appendix B-3). Electronic documentation is preferable.

## Documenting For Conformance With Section 508 Standards

1\. Name of Requestor/Requiring Official (include agency or mission
area, mailing address, email address, telephone number)

2\. Name of Reviewer/Approving Official (include agency or mission area,
mailing address, email address, telephone number)

3\. Describe the EIT to be acquired or developed (include name, source,
version number(s), and category of product or service, and if
applicable, include a copy of the Voluntary Product Accessibility
Template(s) (VPAT) and other accessibility documents supplied by the
vendor)

4\. Type of Acquisition (New purchase; new development; upgrade or
modification to an existing product, order, service, or contract; custom
developed software; commercial off-the-shelf software (COTS); commercial
off-the-shelf software (COTS). with modifications; services)

5\. Provide the estimated total cost of this EIT acquisition.

6\. Describe the business purpose and core functions of the
software/hardware/service. (Include the type of EIT being acquired,
e.g., software development tool, word processing, spreadsheet, database,
message, group calendaring, etc., and also the scope of usage, e.g.,
USDA-wide, agency only, mission area only, division or workgroup-level
only, etc.)

7\. Does the product or service replace existing products or services?

8\. Describe the users of the product or service (employees,
contractors, public? How many users are expected to use the product or
service?

9\. Technology Requirements: (Explain if the EIT will be used on the
network and require network connections, or if it is a standalone
product).

10\. Describe what testing has been performed to validate the
accessibility of the product or service (VPAT\'s or other vendor
representations need to be validated, at least on a spot basis.).
Include report of testing / validation.

11\. If the EIT does not meet accessibility standards, describe why it
does not.

12\. If the EIT does not meet accessibility standards, can it be made
accessible? (Include specific ways the product or service can be made
accessible, and document the expected cost and length of time required.)

13\. If the EIT is not fully accessible (i.e., fully meeting Section 508
standards for technology-specific and functional requirements), describe
what alternatives to the product or service requested are available in
the market that IS more accessible, or that is fully accessible.
(Include a listing of all other products investigated during market
research, with web site references, VPATS and other accessibility
documentation. Include specific description of the products including
name, version number, type of product, source information such as
address and contact name, and estimated prices, if available.)

14\. As requiring official, attest whether this EIT is the most
accessible EIT in its category (include an explanation)

15\. Commercial Non-Availability: If the EIT is not accessible (i.e.,
fully meeting Section 508 standards for technology-specific and
functional requirements), and if alternatives to the product or service
being requested and which are available in the market are ALSO not
accessible, explain what alternatives were researched and why they are
not accessible. (Include a listing of all other products investigated
during market research, with web site references, VPATS and other
accessibility documentation. Include specific description of the
products including name, version number, type of product, source
information such as address and contact name, and estimated prices, if
available.)

16\. Estimate the cost in dollars and resources of making this EIT
accessible, and the cost of purchasing or developing an accessible
alternative. If either of these is not possible, describe why this is
not possible.

17\. Describe why an exception is necessary for this EIT, which Section
508 or FAR exception applies, and how you are meeting the requirements
for this exception.

18\. Which exception or determination are you claiming (undue burden,
commercial non-availability, not specified in Section 508 (e.g.,
component parts), back office exception, contractor use, etc.)

19\. If claiming an \"undue burden\", provide a detailed explanation why
it would create an undue burden for the Department, agency or mission
area to make this EIT accessible or to use an accessible alternative.
(Include supporting budget documents, if necessary.)

This checklist should be signed and dated by the Requestor/Requiring
Official and/or electronically signed, verifying the submitter, as well
as by the procurement officer/reviewer, and the approving official, as
designated / delegated by the Office of Chief Information Officer, USDA.

This documentation should become a permanent part of the
contract/procurement/request file.

# APPENDIX A

# Glossary of Terms

**Accessible.** Defined as "conforming to the provisions of the
Electronic and Information Technology Accessibility Standards, published
by the Architectural And Transportation Barriers Compliance Board.

**Access Board.** The Architectural And Transportation Barriers
Compliance Board.

(The glossary terms, below, are included in the Definitions section in
Section 1194.4, Electronic and Information Technology Accessibility
Standards, published in the Federal Register on December 21, 2000, by
the Architectural And Transportation Barriers Compliance Board. 36 CFR
Part 1194, Electronic And Information Technology Accessibility Standards

**Agency.** Any Federal department or agency, including the United
States Postal Service.

**Alternate formats.** Alternate formats usable by people with
disabilities may include, but are not limited to, Braille, ASCII text,
large print, recorded audio, and electronic formats that comply with
this part.

**Alternate methods.** Different means of providing information,
including product documentation, to people with disabilities. Alternate
methods may include, but are not limited to, voice, fax, relay service,
TTY, Internet posting, captioning, text-to-speech synthesis, and audio
description.

**Assistive technology.** Any item, piece of equipment, or system,
whether acquired commercially, modified, or customized, that is commonly
used to increase, maintain, or improve functional capabilities of
individuals with disabilities.

**Electronic and information technology.** Includes information
technology and any equipment or interconnected system or subsystem of
equipment, that is used in the creation, conversion, or duplication of
data or information. The term electronic and information technology
includes, but is not limited to, telecommunications products (such as
telephones), information kiosks and transaction machines, World Wide Web
sites, multimedia, and office equipment such as copiers and fax
machines. The term does not include any equipment that contains embedded
information technology that is used as an integral part of the product,
but the principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information. For
example, HVAC (heating, ventilation, and air conditioning) equipment
such as thermostats or temperature control devices, and medical
equipment where information technology is integral to its operation, are
not information technology.

**Information technology.** 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. The term information technology includes computers,
ancillary equipment, software, hardware and similar procedures, services
(including support services), and related resources.

**Operable controls.** A component of a product that requires physical
contact for normal operation. Operable controls include, but are not
limited to, mechanically operated controls, input and output trays, card
slots, keyboards, or keypads.

**Product.** Electronic and information technology.

**Requiring Official.** Federal personnel who generates the request for
or specifies the electronic and information technology product or
service to be acquired, developed or maintained \-- must ensure that the
acquisition of EIT products and services meet the Section 508 EIT
accessibility standards, unless an exception applies (see the FAR, at
Appendix E).

**Self Contained, Closed Products.** Products that generally have
embedded software and are commonly designed in such a fashion that a
user cannot easily attach or install assistive technology. These
products include, but are not limited to, information kiosks and
information transaction machines, copiers, printers, calculators, fax
machines, and other similar types of products.

**Telecommunications.** The transmission, between or among points
specified by the user, of information of the user\'s choosing, without
change in the form or content of the information as sent and received.

**TTY.** An abbreviation for teletypewriter. Machinery or equipment that
employs interactive text based communications through the transmission
of coded signals across the telephone network. TTYs may include, for
example, devices known as TDDs (telecommunication display devices or
telecommunication devices for deaf persons) or computers with special
modems. TTYs are also called text telephones.

**Undue burden.** Undue burden means significant difficulty or expense.
In determining whether an action would result in an undue burden, an
agency shall consider all agency resources available to the program or
component for which the product is being developed, procured,
maintained, or used.

**Other Terms:**

**Section 501.** Section of the Rehabilitation Act of 1973, as amended,
that prohibits discrimination on the basis of disability in Federal
employment and requires Federal agencies to establish affirmative action
plans for the hiring, placement, and advancement of people with
disabilities in Federal employment.

**Section 504.** Section of the Rehabilitation Act of 1973, as amended,
that prohibits discrimination based on disability in federally funded
and federally conducted programs or activities in the United States,
including employment programs. This involves, but is not limited to,
providing individual accommodation at the worksite using assistive
technologies.

# APPENDIX B

# USDA Departmental Policies, Regulations, and Advisories

## Appendix B-1, Reasonable Accommodations for Employees and Applicants with Disabilities (DR 4300-008, March 9, 2000)

(Reference: <http://www.apda.usda.gov/DR4300-008.htm>)

> U.S. DEPARTMENT OF AGRICULTURE
>
> WASHINGTON, D.C. 20250

**DEPARTMENTAL REGULATION**

**Number: 4300-008**

**SUBJECT: Reasonable Accommodations for Employees and Applicants with
Disabilities**

**DATE: March 9, 2000**

**OPI: Office of Civil Rights**

**1 PURPOSE**

> The purpose of this Departmental Regulation (DR) is to transmit the
> Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on
> Reasonable Accommodation and Undue Hardship under the Americans with
> Disabilities Act (ADA), Appendix A, that was issued on March 1, 1999.
> The 1992 amendment to Section 501 of the Rehabilitation Act, as
> amended, incorporates ADA, Title I employment guidance. This DR
> specifically:
>
> a\) Implements the statute that provides coverage for Federal
> employees with disabilities and requires an employer to provide
> reasonable accommodation to qualified applicants or employees with
> disabilities, except when such accommodation would cause an undue
> hardship; and
>
> b\) Clarifies the rights and responsibilities of employers and
> individuals with disabilities as they relate to reasonable
> accommodation and undue hardship.

**2 POLICY**

> It is USDA policy to make reasonable accommodation to the known
> physical or mental limitations of qualified applicants for employment
> and employees with disabilities unless such an accommodation would
> impose an undue hardship on the operation of the Department\'s
> activities and/or programs.
>
> USDA will make reasonable accommodations for the removal of workplace
> barriers to the known physical or mental limitations of qualified
> applicants for employment and employees with disabilities, unless such
> accommodations would impose an undue hardship on the operation of the
> Department\'s activities and/or programs. It is the Department\'s
> policy to serve as a model employer of persons with disabilities and
> to accommodate employees and applicants with disabilities.
>
> The attached enforcement guidance allows managers and supervisors to
> provide more than the minimum requirements whenever feasible,
> including accommodating individuals whose functional limitations do
> not rise to the definition of a \"disability.\" USDA recognizes that
> all of its employees need the tools necessary to be productive, and
> that making reasonable accommodations is simply a way of providing the
> tools needed to accomplish its mission. USDA is committed to a simple
> and streamlined process for providing reasonable accommodations.
>
> The Department\'s guiding principle is \"When in doubt, accommodate!\"

The EEOC guidance document can be found on-line at the following
website: <http://www.eeoc.gov/docs/accommodation.html>

For a paper copy of the EEOC Enforcement Guidance on Reasonable
Accommodation and Undue Hardship under the Americans with Disabilities
Act (ADA), contact Ruth Brown, Information Management Division, OCIO, at
202-720-8958, or by e-mail at
[*ruth.brown@usda.gov*](mailto:ruth.brown@usda.gov).

##### 

## Appendix B-2

## 

## AGAR Advisory 53 USDA Information Technology Acquisition Approval Process

## 

**May 21, 2003**

AGAR ADVISORY

**UNITED STATES DEPARTMENT OF AGRICULTURE\
OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT\
PROCUREMENT POLICY DIVISION\
AGAR ADVISORY NO. 53**

**USDA Information Technology Acquisition Approval Process**

**INTRODUCTION**:  The purpose of this Agriculture Acquisition
Regulation (AGAR) Advisory is to disseminate information, issued by the
Department of Agriculture (USDA) Office of the Chief Information Officer
(OCIO), regarding the information technology (IT) acquisition approval
process; and to remind acquisition personnel of these requirements.

**SUMMARY: ** USDA Chief Information Officer (CIO) memorandum of May 13,
2003, revised the threshold at which USDA CIO IT acquisition approval is
required, lowering the threshold from \$250,000 to \$25,000.  All
exemptions and conditions included in the current process, delineated in
USDA OCIO Memorandum of May 9, 2002, remain in place, until superseded
by revised USDA OCIO guidance.  AGAR Advisory No. 47, dated May 20,
2002, is cancelled and superseded by this AGAR Advisory which
incorporates the revised threshold.

**SPECIFIC ISSUES:**

-   USDA CIO memorandum of May 13, 2003, copy attached, lowers from
    \$250,000 to \$25,000 the threshold at which IT investments are
    required to be approved by the USDA CIO.

-   All special exemptions and conditions included in the current
    process will remain in effect.  The current process is set forth in
    USDA OCIO memorandum of May 9, 2002, copy attached.

-   USDA OCIO memorandum of May 9, 2002, delineates the approval
    requirements for IT acquisitions, and includes a format to be
    followed when preparing an acquisition approval request.

-   As stated in the OCIO May 9, 2002 memorandum, *revised to replace
    \$250,000 with \$25,000*, where that threshold appears: 

> "An acquisition approval request must be made if a USDA agency wishes
> to expend ***\$25,000*** "or more for an IT acquisition.  ***This also
> applies to orders against all existing contracts and General Services
> Administration schedules.***  The following activities are exempt from
> the IT acquisition approval process:

-   The renewal of existing contracts for maintenance and leases*,* so
    long as optional enhancements and/or upgrades which exceed the
    ***\$25,000*** threshold are not involved; and

-   IT acquisitions for organizations other than USDA agencies when
    funded by USDA grants.

> Special activities that require acquisition approval as part of this
> process include:

-   All telecommunication acquisitions (with no dollar threshold) for
    agencies that have not met the Telecommunications Network
    Stabilization and Migration Program requirements. This includes
    entry of planned telecommunication acquisitions into the Forecast,
    Inventory and Reporting system; and

-   Software or hardware for major systems within the functional areas
    of the Department\'s corporate *Administrative and Financial Systems
    Portfolio. * This will ensure that agency activities are coordinated
    while enabling agencies to proceed on priorities that are not part
    of the corporate portfolio. Specifically, the functional areas
    include:

    -   Accounting/Budget Execution;

    -   Budget Formulation/Salary Projections;

    -   Human Resources;

    -   Procurement (Purchase Card and other acquisitions);

    -   Property (Personal and Real);

    -   Payroll; and

    -   Travel."

> Questions regarding these IT acquisition approval requirements should
> be directed to agency CIOs or the USDA OCIO.

-   Departmental Regulation 5039-7, Delegation of Procurement Authority
    for Information Technology, dated September 18, 1998, paragraph 3,
    Background, subparagraph d states that:

> "Proposed IT acquisitions and information resources activities must
> comply with all requirements established by the OCIO.  OCIO oversight
> includes both approving IT investments and monitoring and evaluating
> the performance of these investments.  Requirements include:  (1)
> compliance with the Capital Planning and Investment Control Process;
> (2) compliance with standards of the USDA Information Systems
> Technology Architectures; (3) obtaining technical approvals in
> accordance with DR 3130-1; and (4) compliance with requirements of any
> prevailing OCIO moratoriums or USDA directives."
>
> The IT acquisition approval requirements delineated in the USDA OCIO
> May 9, 2002 memorandum, as modified by the USDA CIO May 13, 2003
> memorandum, are the procedures which superseded the original OCIO IT
> acquisition moratorium procedures.

If you have questions about this advisory, please contact Pat Honda by
telephone at (202) 720-8924, by fax at (202) 720-8972, or by email to
<pat.honda@usda.gov>.  This advisory is available on the USDA homepage
at *<http://www.usda.gov/procurement/policy/advisories.html>.*

**EXPIRATION DATE**:  Effective until canceled.

**\[END\]**

ATTACHMENT TO AGAR ADVISORY NO. 53

May 13, 2003

TO:                  Under Secretaries\
                        Assistant Secretaries\
                        Agency Heads

FROM:            Scott Charbo /s/\
                        Chief Information Officer

SUBJECT:       Revision of \$250K Information Technology Acquisition
Threshold

As you may be aware, all USDA information technology (IT) acquisitions
over \$250,000 require that a waiver be submitted by the Agency Head and
then approved by the USDA Chief Information Officer (CIO). 
Unfortunately, even at this waiver level, many USDA IT investments are
still not reported and tracked as part of the USDA Capital Planning and
Investment Control Process.  **In order to ensure that the Department is
spending its IT resources on its highest priorities, effective
immediately, I am lowering the threshold for IT investments that require
a waiver from \$250,000 to \$25,000.**  All special exemptions and
conditions included in the current moratorium process will remain in
effect.  In addition, I will provide some new guidance in a subsequent
more detailed memorandum to each Agency Head.

Authority for this action is included in the Fiscal Year 2003
Agriculture Appropriations Act (Public Law 108-7) through the following
provision:  "None of the funds made available to USDA by this Act may be
used to acquire new IT systems or significant upgrades, as determined by
the Office of the Chief Information Officer (OCIO), without the approval
of the Chief Information Officer and the concurrence of the EITIRB."

Further, this action is consistent with the Department's Executive
Information Technology Information Review Board's (EITIRB) recent
commitment to an approach to investment management.  This newly endorsed
approach emphasizes the importance of preserving and protecting the USDA
Enterprise Architecture (modernization blueprint) and protecting the
Department's IT investments.

I want to express my appreciation for your ongoing efforts to work
together as we continue to improve IT management at USDA by collectively
leveraging our IT investment dollars for common and enterprise-wide
efforts.  I realize this reduction in threshold has workload
implications for all of us.  My staff will seek to minimize affects on
workload as we develop implementation guidance.  Please call me at
720-8833, or have your staff contact Associate CIO Gregory Parham at
720-5865, with any questions or concerns.

cc:        Russ Ashworth, OPPM\
            Agency Deputy Administrators for Management\
            Agency Chief Information Officers

ATTACHMENT TO AGAR ADVISORY NO. 53

May 9, 2002

TO:             Chief Information Officers

FROM:       Gregory Parham /s/\
                   Associate Chief Information Officer for\
                   Information Resources Management

SUBJECT:  USDA Information Technology Acquisition Approval Process

The information technology (IT) acquisition approval process is the
mechanism by which the USDA Office of the Chief Information Officer
(OCIO) monitors and reviews agency-level IT spending. We use this
process to:

-   Improve the management of the underlying IT projects;

-   Ensure compliance with applicable laws and rules;

-   Create an opportunity for information exchange between staff at the
    department level and at the agency level; and

-   Address department-wide redundancies and inefficiencies where
    possible.

I want to remind everyone that the USDA IT acquisition approval process
is still in place and share some information with you regarding the
background and applicability of this process.

**BACKGROUND**

Public Law 105-86, making appropriations for fiscal year 1998, included
the following provision, "None of the funds made available to USDA by
this Act may be used to acquire new IT systems or significant upgrades,
as determined by OCIO, without the approval of the Chief Information
Officer (CIO) and the concurrence of the Executive Information
Technology Investment Review Board (EITIRB)." This provision continues
today in Public Law 107-76, Sec. 719, making appropriations for fiscal
year 2002.

The law establishes the OCIO and the EITIRB as the review and approval
authorities for "significant" IT spending requests. In 2000, the USDA
EITIRB determined that its ongoing capital planning activities were
sufficient to address its responsibilities under this law. Specifically,
the EITIRB determined that the inclusion of IT projects in the
department's budget and in the Information Technology Investment
Portfolio System was sufficient to address its responsibilities under
the law. The EITIRB further determined that it would only review IT
acquisition approval requests (also known as waivers) under very limited
circumstances. Since relatively few projects meet the exceptions, OCIO
manages the majority of IT acquisition approval requests for the
department.

**IT ACQUISITIONS REQUIRING APPROVAL**

An acquisition approval request must be made if a USDA agency wishes to
expend \$~~250,000~~\* or more for an IT acquisition. ***This also
applies to orders against all existing contracts and General Services
Administration schedules.*** However, the following activities are
exempt from the IT acquisition approval process:

-   The renewal of existing contracts for maintenance and leases so long
    as optional enhancements and/or upgrades which exceed the
    \$~~250,000~~\* threshold are not involved; and

-   IT acquisitions for organizations other than USDA agencies when
    funded by USDA grants.

Special activities that require acquisition approval as part of this
process include:

-   All telecommunication acquisitions (with no dollar threshold) for
    agencies that have not met the Telecommunications Network
    Stabilization and Migration Program requirements. This includes
    entry of planned telecommunication acquisitions into the Forecast,
    Inventory and Reporting system; and

-   Software or hardware for major systems within the functional areas
    of the Department\'s corporate Administrative and Financial Systems
    Portfolio. This will ensure that agency activities are coordinated
    while enabling agencies to proceed on priorities that are not part
    of the corporate portfolio. Specifically, the functional areas
    include:

    -   Accounting/Budget Execution;

    -   Budget Formulation/Salary Projections;

    -   Human Resources;

    -   Procurement (Purchase Card and other acquisitions);

    -   Property (Personal and Real);

    -   Payroll; and

    -   Travel.

In response to agency concerns about the administrative burdens of
complying with the approval process, OCIO is continuing discussions
about viable alternatives to this process.

For your information, Attachment 1 is a list of the waivers received by
our office this year. Please review this list and ensure that all
activity underway in your agency is appropriately covered by approval
from the CIO. Attachment 2 is the format to follow for preparing an
acquisition approval request.

I would like to take this opportunity to express my appreciation for
your ongoing efforts as we continue to improve management of IT at USDA.
Please call me at 720‑5865, or have your staff contact Marilyn Holland
at 720‑6275, if you have questions or concerns regarding the IT
acquisition approval process or this memorandum.

Attachments

cc: IT Major Investment Project Managers\
    Deputy Administrators for Management

\***NOTE: By USDA CIO Memorandum of 5/13/03 revised to \$25,000**

**Attachment 1 to OCIO Memorandum of May 9, 2002 is not included with
AGAR Advisory No. 53**

**ATTACHMENT 2**

### INFORMATION TECHNOLOGY ACQUISITION APPROVAL REQUEST

FROM:      *Agency Head*\
                  *Staff Office Director*

**[JUSTIFICATION FOR ACQUISITION:]{.underline}**

*Provide a justification and address the consequences if the acquisition
is not approved.*

**[DESCRIPTION OF ACQUISITION:]{.underline}**

*For all requests include:*\
     *Security analysis/requirements and security costs.*

*For Hardware or Software requests include:*\
     *Technical description of hardware and software*\
     *List of cost, quantity, type, and manufacturer name and model, if
available*\
     *City and State of office where items will be located*\
     *Statement that items will conform to USDA architecture*

*For Support Services or Services requests, attach:*\
     *List of technical and business requirements*\
     *Statement of Work, if available*\
     *Start and completion dates*

[BUDGET INFORMATION:]{.underline}\
*Dollar amount of acquisition broken out by Fiscal Year and Information
Technology category: Hardware, Software, Support Services, & Services*

*Information Technology Investment Portfolio (I-TIPS) entries for Life
Cycle Costs.*

[AGENCY CONTACT:]{.underline}\
*Name, telephone number, and e-mail address of agency point of contact*

**[DECISION BY THE CHIEF INFORMATION OFFICER:]{.underline}**

Approve:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Disapprove:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Discuss with me:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Return to
Top](http://www.usda.gov/procurement/policy/advisories_x/#top)

## Appendix B-3

## AGAR Advisory 49, Implementation of Section 508

**November 25, 2002**

(Source:
<http://www.usda.gov/procurement/policy/advisories_x/agarad49.htm>)

November 25, 2002

AGAR ADVISORY

**UNITED STATES DEPARTMENT OF AGRICULTURE\
OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT\
AGAR ADVISORY NO. 49**

**Implementation of Section 508 of the Rehabilitation Act of 1973, as
amended**

**INTRODUCTION**: This Agriculture Acquisition Regulation (AGAR)
Advisory provides information regarding implementation of Section 508 of
the Rehabilitation Act of 1973, as amended (the Act)**. **

**SUMMARY**: AGAR Advisories 34, 34a, and 34b, now expired, were issued
to provide consistent guidance for USDA in the acquisition of electronic
information technology (EIT).  This Advisory revives those working tools
and assembles them into a single directive. 

**SPECIFIC ISSUES**:

The Federal Acquisition Regulation (FAR) provides the regulatory
instructions necessary to implement Section 508 in solicitations,
contracts, and the supporting acquisition files.   The FAR focuses
attention on the necessity of trained requirements personnel to prepare
statements of work that express the procurement requirement including
the need for 508 compliant Electronic and Information Technology (EIT). 
The requirements personnel are responsible for the market research
during which the agency determines both whether commercial EIT will be
available in time to meet our need and whether providing conforming EIT
would be an undue burden.  The market survey results are conveyed with
and in the statement of work.

To provide consistent guidance for USDA, this Advisory contains, as
attachments, working tools to be provided to the requirements
officials.  The working tools are not considered codified materials. 
These are guidance documents designed to ease the management of EIT
acquisitions.

*[Attachment One]{.underline}* is a sample format for use in making an
undue burden determination.

*[Attachment Two]{.underline}* is a sample format for use in making an
unavailability determination.

*[Attachment Three]{.underline}* is a sample format for use in making a
determination that the requirements in Federal Acquisition Regulation
(FAR) 39.203 do not apply.

*[Attachment Four]{.underline}* is a format for use when attachments one
to three are not needed.

*[Attachment Five]{.underline}* is a sample format for use in making a
determination that the requirement is for parts for which no standard
exists. Section 508 of the Rehabilitation Act of 1973, as amended
applies to all EIT, whether acquired as parts or as a system.  However,
some parts do not impact information input or output, and therefore not
of concern in relation to the Act and its implementing regulation. 
Application software is an example of a system part that
[does]{.underline} impact information input or output.  A replacement
hard drive is an example of EIT that [does not]{.underline} impact
information input or output in the manner that is addressed in Section
508.

*[Attachment Six]{.underline}* [i]{.underline}s a list of Internet sites
which may be accessed as needed to assist in acquisition planning and
procurement.

*[Attachment Seven]{.underline}* is a sample checklist of the standards
found in 36 CFR Part 1194, the accessibility standards.  This checklist
is dated "Version 05/16/2001."  It should not be used when more current
versions are made available.  If a more current version is available,
please forward it to the contact person below.

If you have questions about this advisory, please contact J. R. Holcombe
Jr. by telephone at (202) 720-8484, by fax at (202) 720-8972, or by
email at [Richard.Holcombe@USDA.gov.]{.underline} 

**EXPIRATION DATE**:  In effect until canceled.

\[END\]

### ATTACHMENT ONE TO AGAR ADVISORY NO. 49

### UNDUE BURDEN DETERMINATION

The requiring official must provide a written determination to the
contracting officer for inclusion in the file.  When acquiring
commercial items, an undue burden determination is not required to
address individual standards that cannot be met with supplies or
services available in the commercial marketplace in time to meet the
agency delivery requirements. 

The determination should describe\--

1.  The commercial items, products or services required to meet the
    agency\'s needs.

2.  The dollar value of the acquisition, including any options.

3.  The applicable Section 508 standards (see 36 CFR part 1194).

4.  The market research performed to locate commercial items that meet
    the applicable standards.  

5.  Which standards can be met and which cannot.

6.  The undue burden (i.e., the significant difficulty or expense the
    Government would incur in order to comply with a particular
    standard).  If the monetary expense is deemed prohibitive, explain
    the costs and how they were estimated.  In determining whether
    compliance with all or part of the applicable accessibility
    standards in 36 CFR Part 1194 would be an undue burden, an agency
    must consider---

    1.  The difficulty or expense of compliance; and

    2.  Agency resources available to its program or component for which
        the supply or service is being acquired.

7.  The steps the agency is taking to reduce use of the undue burden
    exception in future procurements.

8.  The alternative means of access that will be provided that will
    allow the individuals with disabilities to use the information or
    data. (29 U.S.C. 794d(a)(1)(B)).

Approval of the determination.

The determination must be approved in writing prior to award of the task
or delivery order, purchase order or contract.  The approving official
is the requiring official.   

### ATTACHMENT TWO TO AGAR ADVISORY NO. 49

### UNAVAILABILITY DETERMINATION

The requiring official must provide a written determination to the
contracting officer for inclusion in the file. 

The determination should describe\--

1.  The products or services required to meet the agency\'s needs.

2.  The dollar value of the acquisition, including any options.

3.  The applicable Section 508 standards (see 36 CFR part 1194).

4.  The market research performed to locate commercial items that meet
    the applicable standards.

5.  Which standards can be met and which cannot.

6.  Which EIT that is not available in the marketplace in compliant form
    and in time to meet the needs of the agency.

7.  The steps the agency is taking to avoid the use of the non-compliant
    EIT, if practicable.

8.  The alternative means of access that will be provided that will
    allow the individuals with disabilities to use the information or
    data. (29 U.S.C. 794d(a)(1)(B)).

Approval of the determination.

The determination must be approved in writing prior to award of the task
or delivery order, purchase order or contract.  The approving official
is the requiring official.  

### ATTACHMENT THREE TO AGAR ADVISORY NO. 49

### DETERMINATION THAT FAR 39.203 DOES NOT APPLY TO THIS REQUIREMENT

The requiring official must provide a written determination to the
contracting officer for inclusion in the file in order to document that
the agency requirements for EIT need not meet the applicable
accessibility standards at 36 CFR Part 1194 when:

a.  it is purchased in accordance with subpart 13.2 (micro-purchases of
    \$2,500 or less) prior to January 1, 2003.  However, contracting
    officers and other individuals designated in accordance with 1.603-3
    are encouraged to comply with the applicable accessibility standards
    to the maximum extent practicable; 

b.  it is for a national security system;

c.  it is acquired by a contractor incidental to a contract, or is
    neither used not accessed by Federal employees or members of the
    public;

d.  it is to be located in spaces frequented only by service personnel
    for maintenance, repair or occasional monitoring of equipment; or

e.  it would impose an undue burden on the agency.  In determining
    whether compliance with all or part of the applicable accessibility
    standards in 36 CFR part 1194 would be an undue burden, an agency
    must consider ---

    1.  The difficulty or expense of compliance; and

    2.  Agency resources available to its program or component for which
        the supply or service is being acquired.

Approval of the determination.

The determination must be approved in writing prior to award of the task
or delivery order, purchase order or contract.  The approving official
is the requiring official.

### ATTACHMENT FOUR TO AGAR ADVISORY NO. 49

### DETERMINATION THAT THE REQUIREMENTS ARE 508 COMPLIANT

The requiring official should provide written advice to the contracting
officer for inclusion in the file that the requirements are compliant
and that the determinations in Attachments One to Three are not required
for this acquisition.  The determining official is the requiring
official.

### ATTACHMENT FIVE TO AGAR ADVISORY NO. 49

### DETERMINATION THAT NO STANDARD IS AVAILABLE 

When requiring parts as commercial items and no standard exists, the
requiring official must provide a written determination to the
contracting officer for inclusion in the file. 

The determination should describe\--

1.  The commercial items or products required to meet the agency\'s
    needs.

2.  The dollar value of the acquisition, including any options.

3.  That there is(are) no applicable Section 508 standard(s) (see 36 CFR
    Part 1194).

Approval of the determination.

The determination must be approved in writing prior to award of the task
or delivery order, purchase order or contract.  The approving official
is the requiring official.

### ATTACHMENT SIX TO AGAR ADVISORY NO. 49

### WORKING TOOLS FOUND ON THE INTERNET 

Numerous Section 508 resources are now available on the Internet.  The
sites identified below may be accessed as needed to assist in
acquisition planning and procurement.

A variety of procurement working tools established by the Procurement
Policy Division are offered at
<http://www.usda.gov/procurement/policy/advisories.html>

The USDA Office of the Chief Information Officer offers similar links to
Section 508 information from
<http://www.ocio.usda.gov/irm/508/sec508.html>.   Items currently there
of special value are specific information on agency contact points
within USDA and links to the Department of Justice and Department of
Education sites.

The General Services Administration maintains the "Buy Accessible" site
at <http://www.section508.gov/>. You are able to search the site by
specific product or service and see the products of all vendors who have
voluntarily provided links. You can then use the links to reach the
product or service descriptions necessary to complete your market
research.  This database at
<http://www.section508.gov/index.cfm?FuseAction=Content&ID=99>.

### ATTACHMENT SEVEN TO AGAR ADVISORY NO. 49

### SAMPLE CHECKLIST OF STANDARDS (Version 05/16/2001)

During Market Research to define needs for electronic and information
technology, the requirements official(s) should consider the following
measurement indicators and statements from 36 CFR Part 1194, to the
products or services needed: 

N          No compliance and there is no expectation of compliance.

E          Eventually will be made compliant, but does not comply now.

S\_\_%   Somewhat compliant, and no expectation of full compliance.

P\_\_%   Partially compliant with progress toward full compliance.

F          Fully compliant.

![](media/image2.wmf)**(1) Equivalent** **Facilitation**:

People with disabilities are provided substantially equivalent or
greater access to and use of items provided through use of designs or
technologies other than those prescribed in 36 CFR Part 1194.  Explain
which features or components use equivalent facilitation and how it
provides substantially equivalent or greater
access:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**(2) Software applications and operating systems.**

![](media/image3.wmf)  (i) When software is designed to run on a system
that has a keyboard, product functions are executable from a keyboard
where the function itself or the result of performing a function can be
discerned textually.

![](media/image4.wmf)   (ii) Applications do not disrupt or disable
activated features of other products that are identified as
accessibility features, where those features are developed and
documented according to industry standards.  Applications do not disrupt
or disable activated features of any operating system that are
identified as accessibility features where the application programming
interface for those accessibility features has been documented by the
manufacturer of the operating system and is available to the product
developer.

![](media/image5.wmf)   (iii) A well-defined on-screen indication of the
current focus is provided that moves among interactive interface
elements as the input focus changes.  The focus is programmatically
exposed so that assistive technology can track focus and focus changes.

![](media/image6.wmf)   (iv) Sufficient information about a user
interface element including the identity, operation and state of the
element is available to assistive technology.  When an image represents
a program element, the information conveyed by the image is also
available in text.

![](media/image7.wmf)   (v) When bitmap images are used to identify
controls, status indicators, or other programmatic elements, the meaning
assigned to those images is consistent throughout an application\'s
performance.

![](media/image8.wmf)   (vi) Textual information is provided through
operating system functions for displaying text.  Text content, text
input caret location, and text attributes are available.

![](media/image9.wmf)   (vii) Applications do not override user selected
contrast and color selections and other individual display attributes.

![](media/image10.wmf)   (viii) When animation is displayed, the
information is displayable in at least one non-animated presentation
mode at the option of the user.

![](media/image11.wmf)   (ix) Color coding is not used as the only means
of conveying information, indicating an action, prompting a response, or
distinguishing a visual element.

![](media/image12.wmf)   (x) When a product permits a user to adjust
color and contrast settings, a variety of color selections capable of
producing a range of contrast levels are provided.

![](media/image13.wmf)   (xi) Software does not use flashing or blinking
text, objects, or other elements having a flash or blink frequency
greater than 2 Hz and lower than 55 Hz.

![](media/image14.wmf)   (xii) When electronic forms are used, the form
allows people using assistive technology to access the information,
field elements, and functionality required for completion and submission
of the form, including all directions and cues.

**(3) Web-based intranet and internet information and applications.**

![](media/image15.wmf)   (i) A text equivalent for every non-text
element is provided (e.g., via \"alt\", \"longdesc\", or in element
content).

![](media/image16.wmf)   (ii) Equivalent alternatives for any multimedia
presentation are synchronized with the presentation.

![](media/image17.wmf)   (iii) Web pages are designed so that all
information conveyed with color is also available without color, for
example from context or markup.

![](media/image18.wmf)   (iv) Documents are organized so they are
readable without requiring an associated style sheet.

![](media/image19.wmf)   (v) Redundant text links are provided for each
active region of a server-side image map.

![](media/image20.wmf)   (vi) Client-side image maps are provided
instead of server-side image maps except where the regions cannot be
defined with an available geometric shape.

![](media/image21.wmf)   (vii) Row and column headers are identified for
data tables.

![](media/image22.wmf)   (viii) Markup is used to associate data cells
and header cells for data tables that have two or more logical levels of
row or column headers.

![](media/image23.wmf)   (ix) Frames are titled with text that
facilitates frame identification and navigation.

![](media/image24.wmf)   (x) Pages are designed to avoid causing the
screen to flicker with a frequency greater than 2 Hz and lower than 55
Hz.

![](media/image25.wmf)   (xi) A text-only page, with equivalent
information or functionality, is provided to make a web site comply with
the Access Board Standards (36 CFR Part 1194) when compliance cannot be
accomplished in any other way.  The content of the text-only page is
updated whenever the primary page changes.

![](media/image26.wmf)   (xii) When pages utilize scripting languages to
display content, or to create interface elements, the information
provided by the script is identified with functional text that can be
read by assistive technology.

![](media/image27.wmf)   (xiii) When a web page requires that an applet,
plug-in or other application be present on the client system to
interpret page content, the page provides a link to a plug-in or applet
that complies with  36 CFR 1194.21(a)  through (l).

![](media/image28.wmf)   (xiv) When electronic forms are designed to be
completed on-line, the form allows people using assistive technology to
access the information, field elements, and functionality required for
completion and submission of the form, including all directions and
cues.

![](media/image29.wmf)   (xv) A method is provided that permits users to
skip repetitive navigation links.

![](media/image30.wmf)   (xvi) When a timed response is required, the
user is alerted and given sufficient time to indicate more time is
required.

**(4) Telecommunications products.**

![](media/image31.wmf)   (i) Telecommunications products or systems
which provide a function allowing voice communication and which do not
themselves provide a TTY functionality provide a standard non-acoustic
connection point for TTYs. Microphones are capable of being turned on
and off to allow the user to intermix speech with TTY use.

![](media/image32.wmf)  (ii) Telecommunications products which include
voice communication functionality support all commonly used
cross-manufacturer non-proprietary standard TTY signal protocols.

![](media/image33.wmf)  (iii) Voice mail, auto-attendant, and
interactive voice response telecommunications systems are usable by TTY
users with their TTYs.

![](media/image34.wmf)   (iv) Voice mail, messaging, auto-attendant, and
interactive voice response telecommunications systems that require a
response from a user within a time interval, give an alert when the time
interval is about to run out, and provide sufficient time for the user
to indicate more time is required.

![](media/image35.wmf)   (v) Where provided, caller identification and
similar telecommunications functions are also available for users of
TTYs, and for users who cannot see displays.

![](media/image36.wmf)   (vi) For transmitted voice signals,
telecommunications products provide a gain adjustable up to a minimum of
20 dB.  For incremental volume control, at least one intermediate step
of 12 dB of gain is provided.

![](media/image37.wmf)   (vii) If the telecommunications product allows
a user to adjust the receive volume, a function is provided to
automatically reset the volume to the default level after every use.

![](media/image38.wmf)   (viii) Where a telecommunications product
delivers output by an audio transducer which is normally held up to the
ear, a means for effective magnetic wireless coupling to hearing
technologies is provided.

![](media/image39.wmf)   (ix) Interference to hearing technologies
(including hearing aids, cochlear implants, and assistive listening
devices) is reduced to the lowest possible level that allows a user of
hearing technologies to utilize the telecommunications product.

![](media/image40.wmf)   (x) Products that transmit or conduct
information or communication, will pass through cross-manufacturer,
non-proprietary, industry-standard codes, translation protocols, formats
or other information necessary to provide the information or
communication in a usable format.  Technologies which use encoding,
signal compression, format transformation, or similar techniques do not
remove information needed for access or restore it upon delivery.

> \(xi\) Products which have mechanically operated controls or keys,
> comply with the following:

![](media/image41.wmf)       *(A)* Controls and keys are tactilely
discernible without activating the controls or keys.

![](media/image42.wmf)        *(B*) Controls and keys are operable with
one hand and do not require tight grasping, pinching, or twisting of the
wrist.  The force required to activate controls and keys is 5 lbs. (22.2
N) maximum.

![](media/image43.wmf)       *(C)* If key repeat is supported, the delay
before repeat is adjustable to at least 2 seconds.  Key repeat rate is
adjustable to 2 seconds per character.

![](media/image44.wmf)       *(D)* The status of all locking or toggle
controls or keys is visually discernible, and discernible either through
touch or sound.

**(5) Video and multimedia products.**

![](media/image45.wmf)   (i) All analog television displays 13 inches
and larger, and computer equipment that includes analog television
receiver or display circuitry, are equipped with caption decoder
circuitry which appropriately receives, decodes, and displays closed
captions from broadcast, cable, videotape, and DVD signals.  As soon as
practicable, but not later than July 1, 2002, widescreen digital
television (DTV) displays measuring at least 7.8 inches vertically, DTV
sets with conventional displays measuring at least 13 inches vertically,
and stand-alone DTV tuners, whether or not they are marketed with
display screens, and computer equipment that includes DTV receiver or
display circuitry, are be equipped with caption decoder circuitry which
appropriately receives, decodes, and displays closed captions from
broadcast, cable, videotape, and DVD signals.

![](media/image46.wmf)   (ii) Television tuners, including tuner cards
for use in computers, are to be equipped with secondary audio program
playback circuitry.

![](media/image47.wmf)   (iii) All training and informational video and
multimedia productions which support the agency\'s mission, regardless
of format, that contain speech or other audio information necessary for
the comprehension of the content, are open or closed captioned.

![](media/image48.wmf)   (iv) All training and informational video and
multimedia productions which support the agency\'s mission, regardless
of format, that contain visual information necessary for the
comprehension of the content, are audio described.

![](media/image49.wmf)   (v) Display or presentation of alternate text
presentation or audio descriptions are user-selectable unless permanent.

**(6) Self contained, closed products.**

![](media/image50.wmf)   (i) Self contained products shall be usable by
people with disabilities without requiring an end-user to attach
assistive technology to the product.  Personal headsets for private
listening are not assistive technology.

![](media/image51.wmf)   (ii) When a timed response is required, the
user is alerted and given sufficient time to indicate more time is
required.

![](media/image52.wmf)    (iii) Where a product utilizes touch screens
or contact-sensitive controls, an input method is provided that complies
with 36 CFR 1194.23 (k) (1) through (4).

![](media/image53.wmf)   (iv) When biometric forms of user
identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, is also provided.

![](media/image54.wmf)   (v) When products provide auditory output, the
audio signal is provided at a standard signal level through an industry
standard connector that will allow for private listening.  The product
provides the ability to interrupt, pause, and restart the audio at
anytime.

![](media/image55.wmf)   (vi)  When products deliver voice output in a
public area, incremental volume control is provided with output
amplification up to a level of at least 65 dB.  Where the ambient noise
level of the environment is above 45 dB, a volume gain of at least 20 dB
above the ambient level is user selectable.  A function is provided to
automatically reset the volume to the default level after every use.

![](media/image56.wmf)   (vii) Color coding is not used as the only
means of conveying information, indicating an action, prompting a
response, or distinguishing a visual element.

![](media/image57.wmf)   (viii) When a product permits a user to adjust
color and contrast settings, a range of color selections capable of
producing a variety of contrast levels is provided.

![](media/image58.wmf)   (ix) Products are designed to avoid causing the
screen to flicker with a frequency greater than 2 Hz and lower than 55
Hz.

> \(x\) Products which are freestanding, non-portable, and intended to
> be used in one location and which have operable controls comply with
> the following:

![](media/image59.wmf)       *(A)*  The position of any operable control
is determined with respect to a vertical plane, which is 48 inches in
length, centered on the operable control, and at the maximum protrusion
of the product within the 48 inch length.

![](media/image60.wmf)       *(B)* Where any operable control is 10
inches or less behind the reference plane, the height is 54 inches
maximum and 15 inches minimum above the floor.

![](media/image61.wmf)       *(C)* Where any operable control is more
than 10 inches and not more than 24 inches behind the reference plane,
the height is 46 inches maximum and 15 inches minimum above the floor.

![](media/image62.wmf)        *(D)* Operable controls are not more than
24 inches behind the reference plane.

**(7) Desktop and portable computers.**

![](media/image63.wmf)   (i) All mechanically operated controls and keys
comply with 36 CFR 1194.23 (k) (1) through (4).

![](media/image64.wmf)   (ii) If a product utilizes touch screens or
touch-operated controls, an input method is provided that complies with
36 CFR 1194.23 (k) (1) through (4).

![](media/image65.wmf)   (iii) When biometric forms of user
identification or control are used, an alternative form of
identification or activation, which does not require the user to possess
particular biological characteristics, is also provided.

![](media/image66.wmf)   (iv) Where provided, at least one of each type
of expansion slots, ports and connectors complies with publicly
available industry standards.

**(8) Functional performance criteria.**

![](media/image67.wmf)   (i) At least one mode of operation and
information retrieval that does not require user vision is provided, or
support for assistive technology used by people who are blind or
visually impaired is provided.

![](media/image68.wmf)   (ii) At least one mode of operation and
information retrieval that does not require visual acuity greater than
20/70 is provided in audio and enlarged print output working together or
independently, or support for assistive technology used by people who
are visually impaired is provided.

![](media/image69.wmf)   (iii) At least one mode of operation and
information retrieval that does not require user hearing is provided, or
support for assistive technology used by people who are deaf or hard of
hearing is provided.

![](media/image70.wmf)   (iv) Where audio information is important for
the use of a product, at least one mode of operation and information
retrieval is provided in an enhanced auditory fashion, or support for
assistive hearing devices is provided.

![](media/image71.wmf)   (v) At least one mode of operation and
information retrieval that does not require user speech is provided, or
support for assistive technology used by people with disabilities is
provided.

![](media/image72.wmf)   (vi) At least one mode of operation and
information retrieval that does not require fine motor control or
simultaneous actions and that is operable with limited reach and
strength is provided.

**(9) Information, documentation, and support.**

![](media/image73.wmf)   (i) Product support documentation provided to
end-users is available in alternate formats upon request, at no
additional charge.

![](media/image74.wmf)   (ii) End-users have access to a description of
the accessibility and compatibility features of products in alternate
formats or alternate methods upon request, at no additional charge.

![](media/image75.wmf)   (iii) Support services for products accommodate
the communication needs of end-users with disabilities.

## APPENDIX B-4

## AGAR Advisory 50

## Implementation of Section 508: Instructions Specifically Addressing Purchase Card Users

December 31, 2002

(Source:
<http://www.usda.gov/procurement/policy/advisories_x/agarad50.htm>)

**December 31, 2002**

AGAR ADVISORY

**UNITED STATES DEPARTMENT OF AGRICULTURE\
OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT\
PROCUREMENT POLICY DIVISION\
AGAR ADVISORY NO. 50**

**Implementation of Section 508 of the Rehabilitation Act of 1973, as
amended\
Instructions Specifically Addressing Purchase Card Users**

**INTRODUCTION**: This Agriculture Acquisition Regulation (AGAR)
Advisory provides information, specifically for purchase card users and
purchase card system managers, on implementation of Section 508 of the
Rehabilitation Act of 1973, as amended**. **

**SUMMARY**:  The Federal Acquisition Regulation previously provided an
exception to the application of the Section 508 standards found in 36
CFR Part 1194. That exception has now been extended (80321 FEDERAL
REGISTER Vol. 67, Number 251, Tuesday, December 31, 2002).  Therefore,
when electronic information technology is purchased in accordance with
FAR Subpart 13.2 (micro-purchases of \$2,500 or less) prior to October
1, 2004 the Section 508 standards are not mandatory.  However, card
users are encouraged to seek compliance with the Section 508 standards
to the maximum extent practicable.

**SPECIFIC ISSUES**: 

**What is \"electronic and information technology?**

This phrase has a broad meaning.  You should consider it to be most
things of an electronic nature or anything that can in any way be
considered information technology.  This includes data systems, all
forms of Internet sites, telecommunication products such as telephones,
office equipment such as copiers and fax machines, calculators,
computers, monitors, printers, software, hardware, and computer
peripheral equipment.  Operational electronic technology, such as
elevator or heating and air conditioning controls and fire alarms, is
not included.

**What is the [exception]{.underline} for cardholders?**

If the card is used for a micro-purchase, that is a
*[stand-alone,]{.underline}* *[open-market]{.underline}* purchase of
*[\$2,500 or less]{.underline}* and the action occurs *[prior to October
1, 2004]{.underline}*, the action is **[not]{.underline}** covered.  
However, you are strongly encouraged to apply the Section 508 standards
to the maximum extent practicable.

**Does the micro-purchase exception cover [all]{.underline} purchases
under \$2,500?**

No.  The exception is for a *[stand-alone]{.underline}*
*[open-market]{.underline}* purchase that *[totals \$2,500 or
less]{.underline}*, made *[before October 1, 2004]{.underline}*, as
opposed to a purchase under an existing procurement document.  For
example, buying a software package that costs \$1,800 is not a
micro-purchase if it is part of a purchase requirement totaling more
than \$2,500 or is acquired under an existing contract.

If the card is used to pay any amount for a new order placed against an
existing contract after June 25, that action **[is]{.underline}**
covered.

**Beginning June 25, 2001, does Section 508 cover purchases made against
Federal Supply Schedule Contracts, Government-Wide Acquisition Contracts
(GWACs), multi-agency contracts, or agency indefinite-delivery,
indefinite-quantity contracts?**

Yes.  These are examples of existing contracts.  Orders under these
contracts are not micro-purchases. 

**What do I have to do to buy conforming products or services in a
micro-purchase of \"electronic and information technology\"?**

Today, the best way for a cardholder to determine whether a particular
product or service conforms with the Section 508 standards is to ask the
seller.  Your responsibility, for now, is to acquire conforming products
or services as best you can.

You will need sufficient familiarity with the Section 508 standards
issued by the Architectural and Transportation Barriers Compliance
Board, an independent Federal Agency created by Section 502 of the
Rehabilitation Act of 1973.  The Section 508 standards were published as
a final rule in the *Federal Register* on December 21, 2000.  The
Section 508 standards can be reviewed on the web site
<http://www.ocio.usda.gov/>. USDA\'s procurement working tools can be
found at <http://www.usda.gov/procurement/policy/advisories.html>.

Apply sufficient familiarity in accord to the value of the purchase.  If
you need \$400 in supplies, do not spend time studying the Section 508
standards.  If your need is for \$2,300 in web services or a \$1,900
software package, scan the Section 508 standards as time is available. 
By October 2, 2004, you will need to be very familiar with the Section
508 standards.  Training is recommended. Over time, more and more
products and services will be clearly labeled as "conforming.

**Why is the micro-purchase exception temporary?**

The Federal government, through its acquisition rules, is attempting to
change commercial practice.  In drafting the rules, the expectation was
that the various industries would have a sufficient number of conforming
products and informative labeling available by the time the exemption
expires.

**Do products or services have to be completely conforming?**

Under the micro-purchase exception, no.  After the exception expires \--
ideally, yes. You may be able to identify only [partially]{.underline}
conforming products and services.  Then you should purchase the most
conforming product or service that meets your needs.

**Who can provide further information on USDA's implementation of
Section 508?**

Your agency has a representative to the USDA 508 Team and will soon have
an implementation plan for addressing this change.  The 508 Team Members
are listed at <http://www.ocio.usda.gov/>.

If you have questions about this advisory, please contact J. R. Holcombe
Jr. by telephone at (202) 720-8484, by fax at (202) 720-8972, or by
email to <Richard.Holcombe@USDA.gov>

This advisory is available on the USDA procurement homepage at
<http://www.usda.gov/procurement/policy/advisories.html>.

**EXPIRATION DATE**:  October 2, 2004.

**\[END\]**

# APPENDIX C

# \"Section 508\", Public Law 105-220, Title IV, Subsection 408(b)

The Workforce Investment Act of 1998, Public Law 105-220, was enacted on
August 7, 1998. Title IV of the Act is the Rehabilitation Act Amendments
of 1998. Subsection 408(b) amended section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d). The full text of this section is included
below.

(SOURCE: <http://www.usdoj.gov/crt/508/508law.html>)

PL 105-220, 1998 HR 1385\
PL 105-220, enacted on August 7, 1998, 112 Stat 936\
codified as: Section 504 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.

# APPENDIX D

# Text of Final Rule, ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

(Reference: <http://www.access-board.gov/sec508/508standards.htm>)

**Electronic and Information Technology Accessibility Standards**

**ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD**

**\[Published in the *Federal Register* on December 21, 2000\]**

**36 CFR Part 1194\
\[Docket No. 2000-01\]\
RIN 3014-AA25**

**PART 1194** **\-- ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
STANDARDS**

**Subpart A \-- General**

**Sec.**

[**1194.1 Purpose.**](#§_1194.1_Purpose.)\
[**1194.2 Application.**](#§_1194.2_Application.)\
[**1194.3 General exceptions.**](#§_1194.3_General_exceptions.)\
[**1194.4 Definitions.**](#§_1194.4_Definitions.)\
[**1194.5 Equivalent
facilitation.**](#§_1194.5_Equivalent_facilitation.)

**Subpart B \-- Technical Standards**

[**1194.21 Software applications and operating
systems.**](#§_1194.21_Software_applications_and_operating_systems.)\
[**1194.22 Web-based intranet and internet information and
applications.**](#§_1194.22_Web-based_intranet_and_internet_information_and_applications.)\
[**1194.23 Telecommunications
products.**](#§_1194.23_Telecommunications_products.)\
[**1194.24 Video and multimedia
products.**](#§_1194.24_Video_and_multimedia_products.)\
[**1194.25 Self contained, closed
products.**](#§_1194.25_Self_contained,_closed_products.)\
[**1194.26 Desktop and portable
computers.**](#§_1194.26_Desktop_and_portable_computers.)

**Subpart C \-- Functional Performance Criteria**

[**1194.31 Functional performance
criteria.**](#§_1194.31_Functional_performance_criteria.)

**Subpart D \-- Information, Documentation, and Support**

[**1194.41 Information, documentation, and
support.**](#§_1194.41_Information,_documentation,_and_support.)

[**Figures to Part 1194**](#Figures_to_Part_1194)

Authority: 29 U.S.C. 794d.

**Subpart A \-- General**

**§ 1194.1 Purpose.**

The purpose of this part is to implement section 508 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508
requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology, Federal employees with
disabilities have access to and use of information and data that is
comparable to the access and use by Federal employees who are not
individuals with disabilities, unless an undue burden would be imposed
on the agency. Section 508 also requires that individuals with
disabilities, who are members of the public seeking information or
services from a Federal agency, have access to and use of information
and data that is comparable to that provided to the public who are not
individuals with disabilities, unless an undue burden would be imposed
on the agency.

**§ 1194.2 Application.**

\(a\) Products covered by this part shall comply with all applicable
provisions of this part. When developing, procuring, maintaining, or
using electronic and information technology, each agency shall ensure
that the products comply with the applicable provisions of this part,
unless an undue burden would be imposed on the agency.

\(1\) When compliance with the provisions of this part imposes an undue
burden, agencies shall provide individuals with disabilities with the
information and data involved by an alternative means of access that
allows the individual to use the information and data.

\(2\) When procuring a product, if an agency determines that compliance
with any provision of this part imposes an undue burden, the
documentation by the agency supporting the procurement shall explain
why, and to what extent, compliance with each such provision creates an
undue burden.

\(b\) When procuring a product, each agency shall procure products which
comply with the provisions in this part when such products are available
in the commercial marketplace or when such products are developed in
response to a Government solicitation. Agencies cannot claim a product
as a whole is not commercially available because no product in the
marketplace meets all the standards. If products are commercially
available that meet some but not all of the standards, the agency must
procure the product that best meets the standards.

\(c\) Except as provided by §1194.3(b), this part applies to electronic
and information technology developed, procured, maintained, or used by
agencies directly or used by a contractor under a contract with an
agency which requires the use of such product, or requires the use, to a
significant extent, of such product in the performance of a service or
the furnishing of a product.

**§ 1194.3 General exceptions.**

\(a\) This part does not apply to any electronic and information
technology operated by agencies, the function, operation, or use of
which involves intelligence activities, cryptologic activities related
to national security, command and control of military forces, equipment
that is an integral part of a weapon or weapons system, or systems which
are critical to the direct fulfillment of military or intelligence
missions. Systems which are critical to the direct fulfillment of
military or intelligence missions do not include a system that is to be
used for routine administrative and business applications (including
payroll, finance, logistics, and personnel management applications).

\(b\) This part does not apply to electronic and information technology
that is acquired by a contractor incidental to a contract.

\(c\) Except as required to comply with the provisions in this part,
this part does not require the installation of specific
accessibility-related software or the attachment of an assistive
technology device at a workstation of a Federal employee who is not an
individual with a disability.

\(d\) When agencies provide access to the public to information or data
through electronic and information technology, agencies are not required
to make products owned by the agency available for access and use by
individuals with disabilities at a location other than that where the
electronic and information technology is provided to the public, or to
purchase products for access and use by individuals with disabilities at
a location other than that where the electronic and information
technology is provided to the public.

\(e\) This part shall not be construed to require a fundamental
alteration in the nature of a product or its components.

\(f\) Products located in spaces frequented only by service personnel
for maintenance, repair, or occasional monitoring of equipment are not
required to comply with this part.

**§ 1194.4 Definitions.**

The following definitions apply to this part:

*Agency*. Any Federal department or agency, including the United States
Postal Service.

Alternate formats. Alternate formats usable by people with disabilities
may include, but are not limited to, Braille, ASCII text, large print,
recorded audio, and electronic formats that comply with this part.

*Alternate methods.* Different means of providing information, including
product documentation, to people with disabilities. Alternate methods
may include, but are not limited to, voice, fax, relay service, TTY,
Internet posting, captioning, text-to-speech synthesis, and audio
description.

*Assistive technology*. Any item, piece of equipment, or system, whether
acquired commercially, modified, or customized, that is commonly used to
increase, maintain, or improve functional capabilities of individuals
with disabilities.

*Electronic and information technology*. Includes information technology
and any equipment or interconnected system or subsystem of equipment,
that is used in the creation, conversion, or duplication of data or
information. The term electronic and information technology includes,
but is not limited to, telecommunications products (such as telephones),
information kiosks and transaction machines, World Wide Web sites,
multimedia, and office equipment such as copiers and fax machines. The
term does not include any equipment that contains embedded information
technology that is used as an integral part of the product, but the
principal function of which is not the acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information. For
example, HVAC (heating, ventilation, and air conditioning) equipment
such as thermostats or temperature control devices, and medical
equipment where information technology is integral to its operation, are
not information technology.

*Information technology*. 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. The term information technology includes computers,
ancillary equipment, software, hardware, services (including support
services), and related resources.

*Operable controls.* A component of a product that requires physical
contact for normal operation. Operable controls include, but are not
limited to, mechanically operated controls, input and output trays, card
slots, keyboards, or keypads.

*Product*. Electronic and information technology.

*Self Contained, Closed Products.* Products that generally have embedded
software and are commonly designed in such a fashion that a user cannot
easily attach or install assistive technology. These products include,
but are not limited to, information kiosks and information transaction
machines, copiers, printers, calculators, fax machines, and other
similar types of products.

*Telecommunications*. The transmission, between or among points
specified by the user, of information of the user\'s choosing, without
change in the form or content of the information as sent and received.

*TTY*. An abbreviation for teletypewriter. Machinery or equipment that
employs interactive text based communications through the transmission
of coded signals across the telephone network. TTYs may include, for
example, devices known as TDDs (telecommunication display devices or
telecommunication devices for deaf persons) or computers with special
modems. TTYs are also called text telephones.

*Undue burden*. Undue burden means significant difficulty or expense. In
determining whether an action would result in an undue burden, an agency
shall consider all agency resources available to the program or
component for which the product is being developed, procured,
maintained, or used.

**§ 1194.5 Equivalent facilitation.**

Nothing in this part is intended to prevent the use of designs or
technologies as alternatives to those prescribed in this part provided
they result in substantially equivalent or greater access to and use of
a product for people with disabilities.

**Subpart B \-- Technical Standards**

**§ 1194.21 Software applications and operating systems.**

\(a\) When software is designed to run on a system that has a keyboard,
product functions shall be executable from a keyboard where the function
itself or the result of performing a function can be discerned
textually.

\(b\) Applications shall not disrupt or disable activated features of
other products that are identified as accessibility features, where
those features are developed and documented according to industry
standards. Applications also shall not disrupt or disable activated
features of any operating system that are identified as accessibility
features where the application programming interface for those
accessibility features has been documented by the manufacturer of the
operating system and is available to the product developer.

\(c\) A well-defined on-screen indication of the current focus shall be
provided that moves among interactive interface elements as the input
focus changes. The focus shall be programmatically exposed so that
assistive technology can track focus and focus changes.

\(d\) Sufficient information about a user interface element including
the identity, operation and state of the element shall be available to
assistive technology. When an image represents a program element, the
information conveyed by the image must also be available in text.

\(e\) When bitmap images are used to identify controls, status
indicators, or other programmatic elements, the meaning assigned to
those images shall be consistent throughout an application\'s
performance.

\(f\) Textual information shall be provided through operating system
functions for displaying text. The minimum information that shall be
made available is text content, text input caret location, and text
attributes.

\(g\) Applications shall not override user selected contrast and color
selections and other individual display attributes.

\(h\) When animation is displayed, the information shall be displayable
in at least one non-animated presentation mode at the option of the
user.

\(i\) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or
distinguishing a visual element.

\(j\) When a product permits a user to adjust color and contrast
settings, a variety of color selections capable of producing a range of
contrast levels shall be provided.

\(k\) Software shall not use flashing or blinking text, objects, or
other elements having a flash or blink frequency greater than 2 Hz and
lower than 55 Hz.

\(l\) When electronic forms are used, the form shall allow people using
assistive technology to access the information, field elements, and
functionality required for completion and submission of the form,
including all directions and cues.

**§ 1194.22 Web-based intranet and internet information and
applications.**

\(a\) A text equivalent for every non-text element shall be provided
(e.g., via \"alt\", \"longdesc\", or in element content).

\(b\) Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation.

\(c\) Web pages shall be designed so that all information conveyed with
color is also available without color, for example from context or
markup.

\(d\) Documents shall be organized so they are readable without
requiring an associated style sheet.

\(e\) Redundant text links shall be provided for each active region of a
server-side image map.

\(f\) Client-side image maps shall be provided instead of server-side
image maps except where the regions cannot be defined with an available
geometric shape.

\(g\) Row and column headers shall be identified for data tables.

\(h\) Markup shall be used to associate data cells and header cells for
data tables that have two or more logical levels of row or column
headers.

\(i\) Frames shall be titled with text that facilitates frame
identification and navigation.

\(j\) Pages shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz.

\(k\) A text-only page, with equivalent information or functionality,
shall be provided to make a web site comply with the provisions of this
part, when compliance cannot be accomplished in any other way. The
content of the text-only page shall be updated whenever the primary page
changes.

\(l\) When pages utilize scripting languages to display content, or to
create interface elements, the information provided by the script shall
be identified with functional text that can be read by assistive
technology.

\(m\) When a web page requires that an applet, plug-in or other
application be present on the client system to interpret page content,
the page must provide a link to a plug-in or applet that complies with
§1194.21(a) through (l).

\(n\) When electronic forms are designed to be completed on-line, the
form shall allow people using assistive technology to access the
information, field elements, and functionality required for completion
and submission of the form, including all directions and cues.

\(o\) A method shall be provided that permits users to skip repetitive
navigation links.

\(p\) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.

**Note to §1194.22:** 1. The Board interprets paragraphs (a) through (k)
of this section as consistent with the following priority 1 Checkpoints
of the Web Content Accessibility Guidelines 1.0 (WCAG 1.0) (May 5, 1999)
published by the Web Accessibility Initiative of the World Wide Web
Consortium:

  ---------------------------------------- ------------------------------
  Section 1194.22 Paragraph                WCAG 1.0 Checkpoint

  \(a\)                                    1.1

  \(b\)                                    1.4

  \(c\)                                    2.1

  \(d\)                                    6.1

  \(e\)                                    1.2

  \(f\)                                    9.1

  \(g\)                                    5.1

  \(h\)                                    5.2

  \(i\)                                    12.1

  \(j\)                                    7.1

  \(k\)                                    11.4
  ---------------------------------------- ------------------------------

2\. Paragraphs (l), (m), (n), (o), and (p) of this section are different
from WCAG 1.0. Web pages that conform to WCAG 1.0, level A (i.e., all
priority 1 checkpoints) must also meet paragraphs (l), (m), (n), (o),
and (p) of this section to comply with this section. WCAG 1.0 is
available at
[**http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505**](http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505).

**§ 1194.23 Telecommunications products.**

\(a\) Telecommunications products or systems which provide a function
allowing voice communication and which do not themselves provide a TTY
functionality shall provide a standard non-acoustic connection point for
TTYs. Microphones shall be capable of being turned on and off to allow
the user to intermix speech with TTY use.

\(b\) Telecommunications products which include voice communication
functionality shall support all commonly used cross-manufacturer
non-proprietary standard TTY signal protocols.

\(c\) Voice mail, auto-attendant, and interactive voice response
telecommunications systems shall be usable by TTY users with their TTYs.

\(d\) Voice mail, messaging, auto-attendant, and interactive voice
response telecommunications systems that require a response from a user
within a time interval, shall give an alert when the time interval is
about to run out, and shall provide sufficient time for the user to
indicate more time is required.

\(e\) Where provided, caller identification and similar
telecommunications functions shall also be available for users of TTYs,
and for users who cannot see displays.

\(f\) For transmitted voice signals, telecommunications products shall
provide a gain adjustable up to a minimum of 20 dB. For incremental
volume control, at least one intermediate step of 12 dB of gain shall be
provided.

\(g\) If the telecommunications product allows a user to adjust the
receive volume, a function shall be provided to automatically reset the
volume to the default level after every use.

\(h\) Where a telecommunications product delivers output by an audio
transducer which is normally held up to the ear, a means for effective
magnetic wireless coupling to hearing technologies shall be provided.

\(i\) Interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) shall be reduced to
the lowest possible level that allows a user of hearing technologies to
utilize the telecommunications product.

\(j\) Products that transmit or conduct information or communication,
shall pass through cross-manufacturer, non-proprietary,
industry-standard codes, translation protocols, formats or other
information necessary to provide the information or communication in a
usable format. Technologies which use encoding, signal compression,
format transformation, or similar techniques shall not remove
information needed for access or shall restore it upon delivery.

\(k\) Products which have mechanically operated controls or keys, shall
comply with the following:

\(1\) Controls and keys shall be tactilely discernible without
activating the controls or keys.

\(2\) Controls and keys shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist. The force
required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.

\(3\) If key repeat is supported, the delay before repeat shall be
adjustable to at least 2 seconds. Key repeat rate shall be adjustable to
2 seconds per character.

\(4\) The status of all locking or toggle controls or keys shall be
visually discernible, and discernible either through touch or sound.

**§ 1194.24 Video and multimedia products.**

\(a\) All analog television displays 13 inches and larger, and computer
equipment that includes analog television receiver or display circuitry,
shall be equipped with caption decoder circuitry which appropriately
receives, decodes, and displays closed captions from broadcast, cable,
videotape, and DVD signals. As soon as practicable, but not later than
July 1, 2002, widescreen digital television (DTV) displays measuring at
least 7.8 inches vertically, DTV sets with conventional displays
measuring at least 13 inches vertically, and stand-alone DTV tuners,
whether or not they are marketed with display screens, and computer
equipment that includes DTV receiver or display circuitry, shall be
equipped with caption decoder circuitry which appropriately receives,
decodes, and displays closed captions from broadcast, cable, videotape,
and DVD signals.

\(b\) Television tuners, including tuner cards for use in computers,
shall be equipped with secondary audio program playback circuitry.

\(c\) All training and informational video and multimedia productions
which support the agency\'s mission, regardless of format, that contain
speech or other audio information necessary for the comprehension of the
content, shall be open or closed captioned.

\(d\) All training and informational video and multimedia productions
which support the agency\'s mission, regardless of format, that contain
visual information necessary for the comprehension of the content, shall
be audio described.

\(e\) Display or presentation of alternate text presentation or audio
descriptions shall be user-selectable unless permanent.

**§ 1194.25 Self contained, closed products.**

\(a\) Self contained products shall be usable by people with
disabilities without requiring an end-user to attach assistive
technology to the product. Personal headsets for private listening are
not assistive technology.

\(b\) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.

\(c\) Where a product utilizes touchscreens or contact-sensitive
controls, an input method shall be provided that complies with §1194.23
(k) (1) through (4).

\(d\) When biometric forms of user identification or control are used,
an alternative form of identification or activation, which does not
require the user to possess particular biological characteristics, shall
also be provided.

\(e\) When products provide auditory output, the audio signal shall be
provided at a standard signal level through an industry standard
connector that will allow for private listening. The product must
provide the ability to interrupt, pause, and restart the audio at
anytime.

\(f\) When products deliver voice output in a public area, incremental
volume control shall be provided with output amplification up to a level
of at least 65 dB. Where the ambient noise level of the environment is
above 45 dB, a volume gain of at least 20 dB above the ambient level
shall be user selectable. A function shall be provided to automatically
reset the volume to the default level after every use.

\(g\) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or
distinguishing a visual element.

\(h\) When a product permits a user to adjust color and contrast
settings, a range of color selections capable of producing a variety of
contrast levels shall be provided.

\(i\) Products shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz.

\(j\) Products which are freestanding, non-portable, and intended to be
used in one location and which have operable controls shall comply with
the following:

\(1\) The position of any operable control shall be determined with
respect to a vertical plane, which is 48 inches in length, centered on
the operable control, and at the maximum protrusion of the product
within the 48 inch length (see [**Figure
1**](http://www.access-board.gov/sec508/figure1.htm) of this part).

\(2\) Where any operable control is 10 inches or less behind the
reference plane, the height shall be 54 inches maximum and 15 inches
minimum above the floor.

\(3\) Where any operable control is more than 10 inches and not more
than 24 inches behind the reference plane, the height shall be 46 inches
maximum and 15 inches minimum above the floor.

\(4\) Operable controls shall not be more than 24 inches behind the
reference plane (see [**Figure
2**](http://www.access-board.gov/sec508/figure2.htm) of this part).

**§ 1194.26 Desktop and portable computers.**

\(a\) All mechanically operated controls and keys shall comply with
§1194.23 (k) (1) through (4).

\(b\) If a product utilizes touchscreens or touch-operated controls, an
input method shall be provided that complies with §1194.23 (k) (1)
through (4).

\(c\) When biometric forms of user identification or control are used,
an alternative form of identification or activation, which does not
require the user to possess particular biological characteristics, shall
also be provided.

\(d\) Where provided, at least one of each type of expansion slots,
ports and connectors shall comply with publicly available industry
standards.

**Subpart C \-- Functional Performance Criteria**

**§ 1194.31 Functional performance criteria.**

\(a\) At least one mode of operation and information retrieval that does
not require user vision shall be provided, or support for assistive
technology used by people who are blind or visually impaired shall be
provided.

\(b\) At least one mode of operation and information retrieval that does
not require visual acuity greater than 20/70 shall be provided in audio
and enlarged print output working together or independently, or support
for assistive technology used by people who are visually impaired shall
be provided.

\(c\) At least one mode of operation and information retrieval that does
not require user hearing shall be provided, or support for assistive
technology used by people who are deaf or hard of hearing shall be
provided.

\(d\) Where audio information is important for the use of a product, at
least one mode of operation and information retrieval shall be provided
in an enhanced auditory fashion, or support for assistive hearing
devices shall be provided.

\(e\) At least one mode of operation and information retrieval that does
not require user speech shall be provided, or support for assistive
technology used by people with disabilities shall be provided.

\(f\) At least one mode of operation and information retrieval that does
not require fine motor control or simultaneous actions and that is
operable with limited reach and strength shall be provided.

**Subpart D \-- Information, Documentation, and Support**

**§ 1194.41 Information, documentation, and support.**

\(a\) Product support documentation provided to end-users shall be made
available in alternate formats upon request, at no additional charge.

\(b\) End-users shall have access to a description of the accessibility
and compatibility features of products in alternate formats or alternate
methods upon request, at no additional charge.

\(c\) Support services for products shall accommodate the communication
needs of end-users with disabilities.

**Figures to Part 1194**

**[Figure 1](http://www.access-board.gov/sec508/figure1.htm)\
[Figure 2](http://www.access-board.gov/sec508/figure2.htm)**

1\. Section 508 does 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).

2\. The Access Board is an independent Federal agency established by
section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary
mission is to promote accessibility for individuals with disabilities.
The Access Board consists of 25 members. Thirteen are appointed by the
President from among the public, a majority of who are required to be
individuals with disabilities. The other twelve are heads of the
following Federal agencies or their designees whose positions are
Executive Level IV or above: The departments of Health and Human
Services, Education, Transportation, Housing and Urban Development,
Labor, Interior, Defense, Justice, Veterans Affairs, and Commerce; the
General Services Administration; and the United States Postal Service.

3\. Whenever the Access Board revises its standards, the Federal
Acquisition Regulatory Council is required to revise the FAR, and each
appropriate Federal agency is required to revise its procurement
policies and directives within six months to incorporate the revisions.

4\. 48 CFR Chapter 1, part 2, §2.101 Definitions Information Technology
(c).

# APPENDIX E

# Federal Acquisition Regulations (FAR) Rule For Implementing Section 508 of the Rehabilitation Act of 1973 Electronic and Information Technology Accessibility for Persons with Disabilities

Including the text of the Final Rule as published in the Federal
Register April 25, 2001, and including the current version of the FAR,
incorporating subsequent amendments.

References:

Final Rule as published in the Federal Register, April 25, 2001, at:
<http://www.access-board.gov/sec508/508standards.htm>

This includes a summary, and background discussions.

The full text of the FAR, Subpart 39.2, current version , as of August
25, 2003: <http://www.arnet.gov/far/current/html/Subpart_39_2.html>)

## Appendix E-1

## Federal Acquisition Regulations (FAR) Final Rule As published in the Federal Register on April 25, 2001

(Source: <http://www.section508.gov/index.cfm?FuseAction=Content&ID=13>)

Note: This is the final rule, as published in the Federal Register on
April 25, 2001, which includes a summary and background information. The
actual FAR, including subsequent amendments, is included in Appendix
E-2, which follows.

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 7, 10, 11, 12, and 39

\[FAC 97-27; FAR Case 1999-607\]

RIN 9000-AI69

Federal Acquisition Regulation; Electronic and Information Technology
Accessibility

AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement Section
508 of the Rehabilitation Act of 1973. Subsection 508(a)(3) requires the
FAR to be revised to incorporate standards developed by the
Architectural and Transportation Barriers Compliance Board (also
referred to as the "Access Board").

DATES: [Effective Date]{.underline}: June 25, 2001.

[Applicability Date]{.underline}: For other than indefinite-quantity
contracts, this amendment applies to contracts awarded on or after the
effective date. For indefinite-quantity contracts, it is applicable to
delivery orders or task orders issued on or after the effective date.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202)
501-1900. Please cite FAC 97-27, FAR case 1999-607.

SUPPLEMENTARY INFORMATION:

A. Background

The Workforce Investment Act of 1998, Public Law 105-220, was enacted on
August 7, 1998. Title IV of the Act is the Rehabilitation Act Amendments
of 1998. Subsection 408(b) amended section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d). Subsection 508(a)(1) requires that when
Federal departments or agencies develop, procure, maintain, or use
Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees with disabilities to have access to and use
of information and data that is comparable to the access to and use of
information and data by other Federal employees. Section 508 also
requires that individuals with disabilities, who are members of the
public seeking information or services from a Federal department or
agency, have access to and use of information and data that is
comparable to that provided to the public without disabilities.
Comparable access is not required if it would impose an undue burden.

Subsection 508(a)(2)(A) required the Access Board to publish standards
setting forth a definition of EIT and the technical and functional
performance criteria necessary for accessibility for such technology by
February 7, 2000. Subsection 508(a)(3) required the Federal Acquisition
Regulatory Council to revise the FAR to incorporate the Access Board\'s
standards not later than 6 months after the Access Board regulations
were published. The Access Board published the final standards in the
[Federal]{.underline} [Register]{.underline} at 65 FR 80500, December
21, 2000.

A proposed rule to amend the FAR was published in the
[Federal]{.underline} [Register]{.underline} at 66 FR 7166, January 22,
2001. The 60-day comment period ended March 23, 2001.

This final rule implements the Access Board\'s regulations by---

-   Including the definition of the term "electronic and information
    technology," a term created by the statute;

-   Incorporating the EIT Standards in acquisition planning, market
    research, and when describing agency needs; and

-   Adding a new Subpart 39.2.

Applicability

The proposed rule did not address the issue of whether the new rule
would apply to contracts already in existence. A number of public
commentors asked for clarification about the applicability of the rule.

For other than indefinite-quantity contracts, this amendment applies to
contracts awarded on or after the effective date. For
indefinite-quantity contracts, it is applicable to delivery orders or
task orders issued on or after the effective date. Indefinite quantity
contracts may include Federal Supply Schedule contracts, governmentwide
acquisition contracts (GWACs), multi-agency contracts (MACs), and other
interagency acquisitions. Exception determinations are not required for
award of the underlying indefinite-quantity contracts, except for
requirements that are to be satisfied by initial award.
Indefinite-quantity contracts may include noncompliant items, provided
that any task or delivery order issued for noncompliant EIT meets an
applicable exception. Accordingly, requiring activities must ensure
compliance with the EIT accessibility standards at 36 CFR part 1194 (or
that an exception applies) at time of issuance of task or delivery
orders.

Contracting offices that award indefinite-quantity contracts must
indicate to ordering offices which supplies and services the contractor
indicates as compliant, and show where full details of compliance can be
found ([e.g]{.underline}., vendor's or other exact web page location).

The Access Board's EIT standards at 36 CFR part 1194 do not apply to---

-   Taking delivery for items ordered prior to the effective date of
    this rule;

-   Within-scope modifications of contracts awarded before the effective
    date of this rule;

-   Exercising unilateral options for contracts awarded before the
    effective date of this rule; or

-   Multiyear contracts awarded before the effective date of this rule.

Exceptions

Unless an exception at FAR 39.204 applies, acquisitions of EIT supplies
and services must meet the applicable accessibility standards at 36 CFR
part 1194. The exceptions in 39.204 include---

1.  Micro-purchases, prior to January 1, 2003. However, for
    micro-purchases, contracting officers and other individuals
    designated in accordance with 1.603-3 are strongly encouraged to
    comply with the applicable accessibility standards to the maximum
    extent practicable;

2.  EIT for a national security system;

3.  EIT acquired by a contractor incidental to a contract;

4.  EIT located in spaces frequented only by service personnel for
    maintenance, repair or occasional monitoring of equipment; and

5.  EIT that would impose an undue burden on the agency.

Micro-purchases

The exception for micro-purchases was in the proposed rule. It was made
in recognition of the fact that almost all micro-purchases are made
using the Governmentwide commercial purchase card. Government personnel,
who are not warranted contracting officers, use the purchase card to
purchase commercial-off-the-shelf items. Use of the purchase card makes
it generally impractical to comply with the EIT accessibility standards
unless commercial-off-the-shelf products are labeled for standards
compliance. Manufacturers are continuing to develop products that comply
with the EIT accessibility standards. It is expected that almost all
products will comply with the standards within the next two years, and
be labeled by the manufacturer accordingly. Therefore, we have
established a sunset date of January 1, 2003, for the micro-purchase
exemption. Prior to that date, the Government will revisit the state of
technology and the pace at which manufacturers have conformed to the
required standards.

The micro-purchase exception does not exempt all products that cost
under \$2,500. Some commentors were confused about this. The exception
is for a one-time purchase that totals \$2,500 or less, made on the open
market rather than under an existing contract. A software package that
costs \$1,800 is not a micro-purchase if it is part of a \$3,000
purchase, or part of a \$3,000,000 purchase. Regardless of purchase
price, there still is an agency requirement to give reasonable
accommodation for the disabled under section 504 of the Rehabilitation
Act of 1973. The current micro-purchase limit is \$2,500, set by
statute. If the threshold is increased by a statutory change, the FAR
Council will consider keeping the FAR Subpart 39.2 limit at \$2,500.

In addition, GSA will recommend that agencies modify cardholder training
to remind purchase cardholders of EIT accessibility requirements.

Undue burden

Another set of comments wanted the FAR to elaborate on undue burden. The
Access Board discussed undue burden in its final rule preamble (at 65 FR
80506 of the [Federal]{.underline} [Register]{.underline}). Substantial
case law exists on this term, which comes from disability law. The
Access Board chose not to disturb the existing understanding of the term
by trying to define it. The FAR Council agrees with this approach.
Agencies are required by statute to document the basis for an undue
burden. Requiring officials should be aware that when there is an undue
burden, the statute requires an alternative means of access to be
provided to individuals with disabilities.

Clauses

Some commentors asked for a clause, pointing out that unless the FAR
prescribes a clause, agencies may produce different clauses, resulting
in inconsistent coverage across the Government. Some procurement offices
want a clause to help address their lack of experience with the Access
Board standards. No clauses were in the January proposed rule. The FAR
Council is carefully considering whether clauses are needed and welcomes
comments on this issue that would inform a potential rulemaking.

Other issues

A topic of concern to commentors was the play between the definition of
EIT and a contractor's incidental use of EIT. The rule was not intended
to automatically apply to a contractor's internal workplaces. For
example, EIT neither used nor accessed by Federal employees or members
of the public is not subject to the Access Board's standards (contractor
employees in their professional capacity are not members of the public
for purposes of section 508).

Commentors asked for further information on section 508 product
compliance. There is a website at <http://www.section508.gov/>,
providing information from manufacturers and vendors on how they meet
Access Board standards. The website reference has been added to the FAR
language at Subpart 39.2.

Commentors asked whether the Committee for Purchase from People Who Are
Blind or Severely Disabled, and Federal Prison Industries (UNICOR) were
covered. These are required sources for certain items. Agencies must
consider noncompliant EIT items from these sources the same way that
they would consider items from commercial sources, [i.e]{.underline}.,
whether purchasing the item would come under an exception. As a matter
of policy, purchases from the Committee for Purchase from People Who Are
Blind or Severely Disabled and Federal Prison Industries are to be
treated as procurements.

The current status of compliance testing also was discussed in comments.
Currently there is no uniform testing. However, there is an
industry-led, Government-sponsored, program in the works, Accessibility
for People with Disabilities through Standards Interoperability and
Testing (ADIT). See the Section 508 website for information.

Questions arose on draft rule section 39.X03, Applicability, on the
interpretation of standards available in the marketplace. The rule
intended to recognize that initially there will be many products that do
not meet all the Access Board's technical standards. Agencies may need
to acquire these products. When acquiring commercial items, an agency
must comply with those accessibility standards that can be met with
supplies and services available in the commercial marketplace in time to
meet the agency's delivery requirements. Individual standards that
cannot be met would be documented by the requiring official, with a copy
to the contract file. If products are available that meet some, but not
all applicable standards, agencies cannot claim a product as a whole is
nonavailable just because it does not meet all of the standards.

Requirements development, market research, and solicitations

The requiring official must identify which standards apply to the
procurement, using the Access Board's EIT Accessibility Standards at 36
CFR part 1194. Then the requiring official must perform market research
to determine the availability of compliant products and services; vendor
websites and the Section 508 website would be helpful here. The
requiring official must then identify which standards, if any, would not
apply in this procurement because of, for example, nonavailability (FAR
39.203) or undue burden (FAR 39.204(e)). Technical specifications and
minimum requirements would be developed based on the market research
results and agency needs. This information would be submitted with the
purchase request. The solicitation would then be drafted, or a task
order or delivery order would be placed. Proposal evaluation may yield
additional information that could require reconsideration of the need
for an exception.

B. Executive Order 12866

The Access Board determined that their December 21, 2000, final rule was
an economically significant regulatory action under E.O. 12866, and was
a major rule under 5 U.S.C. 804. An economic assessment was accomplished
and was placed on the Access Board's website at
<http://www.access-board.gov/sec508/assessment.htm>. A copy can be
obtained from the Access Board. The FAR Council has determined that the
assessment conducted by the Access Board provides an adequate economic
assessment of both the Access Board rule and this change to the FAR.
Accordingly, the Access Board\'s regulatory assessment meets the
requirement of performing a regulatory assessment for this change to the
FAR and no further assessment is necessary.

This is an economically significant regulatory action and was subject to
review under Section 6(b) of Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is a major rule under 5
U.S.C. 804.

C. Regulatory Flexibility Act

This rule has a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, [et]{.underline} [seq]{.underline}., because small
businesses that choose to market their products to the Federal
Government must ensure that their electronic and information technology
supplies or services meet the substantive requirements of the Access
Board\'s standards. Since this may result in increased costs of
producing and selling their products, a Final Regulatory Flexibility
Analysis (FRFA) has been performed and the analysis is summarized as
follows:

> The objective of this rule is to revise the FAR to improve the
> accessibility of electronic and information technology used by the
> Federal Government. The standards developed by the Access Board affect
> Federal employees with disabilities as well as members of the public
> with disabilities who seek to use Federal electronic and information
> technologies to access information. This increased access reduces
> barriers to employment in the Federal Government for individuals with
> disabilities and reduces the probability that Federal employees with
> disabilities will be under-employed. The EIT standards developed for
> the Federal Government may result in benefiting people outside the
> Federal workforce, both with and without disabilities. The accessible
> technology from the Federal Government may spill over to the rest of
> society.
>
> Section 508 uses the Federal procurement process to ensure that
> technology acquired by the Federal Government is accessible. Failure
> of an agency to purchase electronic and information technology that
> complies with the standards promulgated at 36 CFR part 1194, may
> result in an individual with a disability filing a complaint alleging
> that a Federal agency has not complied with the standards. Individuals
> may also file a civil action against an agency. The enforcement
> provision of section 508 takes effect June 21, 2001.
>
> This rule establishes that contractors must manufacture, sell, or
> lease electronic and information technology supplies or services that
> comply with standards promulgated at 36 CFR part 1194. For many
> contractors, this may simply involve a review of the supply or service
> with the standards to confirm compliance. For other contractors, these
> standards could require redesign of a supply or service before it can
> be sold to the Federal Government. According to the Federal
> Procurement Data System in fiscal year 2000, we estimate that there
> are approximately 17,550 contractors to which the rule will apply.
> Approximately, 58 percent, or 10,150, of these contractors are small
> businesses.
>
> Small businesses will have to analyze whether the electronic and
> information technology they or their customers plan to sell to the
> Federal Government complies with the standards. Manufacturers may want
> to redesign to make their supplies and services compliant, to have a
> better chance for their items to be purchased by the Government.
> Retailers will need to coordinate with the manufacturers. The statute
> will decrease demand for some supplies and services that are not
> compliant, leading to decreased sales for small entities manufacturing
> or selling those items. Conversely, the statute will increase demand
> for some supplies and services that are compliant, leading to
> increased sales for small entities manufacturing or selling those
> items.
>
> Since the statute imposes private enforcement, where individuals with
> disabilities can file civil rights lawsuits, the Government has little
> flexibility for alternatives in writing this regulation. To meet the
> requirements of the law, we cannot exempt small businesses from any
> part of the rule.

The FAR Secretariat has submitted a copy of the FRFA to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of the
FRFA may be obtained from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR parts
in accordance with 5 U.S.C. 610. Comments must be submitted separately
and should cite 5 U.S.C. 601, [et]{.underline} [seq]{.underline}. (FAR
case 1999-607), in correspondence.

D. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to the
FAR do not impose information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
[et]{.underline} [seq]{.underline}.

List of Subjects in 48 CFR parts 2, 7, 10, 11, 12, and 39:

Government procurement.

Dated:

AL MATERA,

Director,

Acquisition Policy Division.

## Appendix E-2

## Federal Acquisition Regulations (FAR)

## Subpart 39.2- Electronic and Information Technology

Current as of August 25, 2003

(Source: <http://www.arnet.gov/far/current/html/Subpart_39_2.html>)

**Subpart 39.2- Electronic and Information Technology**

**39.201 Scope of subpart.**

> \(a\) This subpart implements Section 508 of the Rehabilitation Act of
> 1973 (29 U.S.C. 794d), and the Architectural and Transportation
> Barriers Compliance Board Electronic and Information Technology (EIT)
> Accessibility Standards (36 CFR part 1194).
>
> \(b\) Further information on Section 508 is available via the Internet
> at <http://www.section508.gov/>.
>
> \(c\) When acquiring EIT, agencies must ensure that-
>
> \(1\) Federal employees with disabilities have access to and use of
> information and data that is comparable to the access and use by
> Federal employees who are not individuals with disabilities; and
>
> \(2\) Members of the public with disabilities seeking information or
> services from an agency have access to and use of information and data
> that is comparable to the access to and use of information and data by
> members of the public who are not individuals with disabilities.

**39.202 Definition.**

> Undue burden, as used in this subpart, means a significant difficulty
> or expense.

**39.203 Applicability.**

> \(a\) Unless an exception at 39.204 applies, acquisitions of EIT
> supplies and services must meet the applicable accessibility standards
> at 36 CFR part 1194.
>
> (b)(1) Exception determinations are required prior to contract award,
> except for indefinite-quantity contracts (see paragraph (b)(2) of this
> section).
>
> \(2\) Exception determinations are not required prior to award of
> indefinite-quantity contracts, except for requirements that are to be
> satisfied by initial award. Contracting offices that award
> indefinite-quantity contracts must indicate to requiring and ordering
> activities which supplies and services the contractor indicates as
> compliant, and show where full details of compliance can be found
> (*e.g*., vendor\'s or other exact website location).
>
> \(3\) Requiring and ordering activities must ensure supplies or
> services meet the applicable accessibility standards at 36 CFR part
> 1194, unless an exception applies, at the time of issuance of task or
> delivery orders. Accordingly, indefinite-quantity contracts may
> include noncompliant items; however, any task or delivery order issued
> for noncompliant items must meet an applicable exception.
>
> (c)(1) When acquiring commercial items, an agency must comply with
> those accessibility standards that can be met with supplies or
> services that are available in the commercial marketplace in time to
> meet the agency\'s delivery requirements.
>
> \(2\) The requiring official must document in writing the
> nonavailability, including a description of market research performed
> and which standards cannot be met, and provide documentation to the
> contracting officer for inclusion in the contract file.

**39.204 Exceptions.**

> The requirements in 39.203 do not apply to EIT that-
>
> \(a\) Is purchased in accordance with Subpart 13.2 (micro-purchases)
> prior to October 1, 2004. However, for micro-purchases, contracting
> officers and other individuals designated in accordance with 1.603-3
> are strongly encouraged to comply with the applicable accessibility
> standards to the maximum extent practicable;
>
> \(b\) Is for a national security system;
>
> \(c\) Is acquired by a contractor incidental to a contract;
>
> \(d\) Is located in spaces frequented only by service personnel for
> maintenance, repair or occasional monitoring of equipment; or
>
> \(e\) Would impose an undue burden on the agency.
>
> \(1\) *Basis*. In determining whether compliance with all or part of
> the applicable accessibility standards in 36 CFR part 1194 would be an
> undue burden, an agency must consider-
>
> \(i\) The difficulty or expense of compliance; and
>
> \(ii\) Agency resources available to its program or component for
> which the supply or service is being acquired.
>
> \(2\) *Documentation*.
>
> \(i\) The requiring official must document in writing the basis for an
> undue burden decision and provide the documentation to the contracting
> officer for inclusion in the contract file.
>
> \(ii\) When acquiring commercial items, an undue burden determination
> is not required to address individual standards that cannot be met
> with supplies or service available in the commercial marketplace in
> time to meet the agency delivery requirements (see 39.203(c)(2)
> regarding documentation of nonavailability).

# APPENDIX F

# Federal Acquisition Regulation; Section 508 Micro-Purchase Exception Sunset Provision

(Source: <http://www.arnet.gov/far/ProposedRules/2002-012.pdf>)

**80321 Federal Register** / Vol. 67, No. 251 / Tuesday, December 31,
2002 / Rules and Regulations

**DEPARTMENT OF DEFENSE**

**GENERAL SERVICES**

**ADMINISTRATION**

**NATIONAL AERONAUTICS AND**

**SPACE ADMINISTRATION**

**48 CFR Part 39**

**\[FAC 2001-11; FAR Case 2002-012; Item**

**II\]**

**RIN 9000-AJ53**

**Federal Acquisition Regulation;**

**Section 508 Micro-Purchase Exception**

**Sunset Provision**

**AGENCIES:** Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

**ACTION:** Interim rule with request for

comments.

**SUMMARY:** The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on an interim

rule amending the Federal Acquisition

Regulation (FAR) to extend the

electronic and information technology

(Section 508) micro-purchase exception

to October 1, 2004.

**DATES:** *Effective Date:* January 1, 2003.

*Comment Date:* Interested parties

should submit comments to the FAR

Secretariat at the address shown below

on or before March 3, 2003 to be

considered in the formulation of a final

rule.

**ADDRESSES:** Submit written comments

to: General Services Administration,

FAR Secretariat (MVA), 1800 F Street,

NW., Room 4035, Attn: Ms. Laurie

Duarte, Washington, DC 20405.

Submit electronic comments via the

Internet to: *farcase.2002-012@gsa.gov*.

Please submit comments only and cite

FAC 2001-11, FAR case 2002-012, in

all correspondence related to this case.

**FOR FURTHER INFORMATION CONTACT:** The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501-4755, for information pertaining to

status or publication schedules. The

TTY Federal Relay Number for further

information is 1-800-877-8973. For

clarification of content, contact Ms.

Linda Nelson, Procurement Analyst, at

\(202\) 501-1900, or Ms. Angelena Moy,

Case Manager, at (703) 602-1302. Please

cite FAC 2001-11, FAR case 2002-012.

**SUPPLEMENTARY INFORMATION:**

**A. Background**

This interim rule extends the

electronic and information technology

(EIT) micro-purchase exception until

October 1, 2004. Previously, in

incorporating the Access Board

standards, the FAR provided an

exception from the procurement

regulations for micro-purchases until

January 1, 2003. The Councils fully

expected that many products would

conform to the standards within that

timeframe and be marketed and labeled

by the manufacturer accordingly.

However, industry is providing

products at varying levels of

conformance to the standards, and

product packaging does not currently

provide Section 508 conformance

information, in most cases.

The Government is continuing to

make compliance a high priority, and

the award of many Federal EIT

procurements have hinged on

accessibility. While the ''Buy

Accessible'' information on the

*Section508.gov* Web site is helpful, not

all firms have templates completed for

their products making it especially

difficult for Government purchase

cardholders who are not contracting

officers to make informed EIT purchases

through reasonable effort.

Typically, Government personnel

who are not warranted contracting

officers use the purchase card to

purchase commercial-off-the-shelf

items. Use of the purchase card makes

it generally impractical to comply with

the EIT accessibility standards unless

commercial-off-the-shelf products are

labeled for Section 508 standards

compliance. The Councils recognize the

fact that almost all micro-purchases are

made using the Governmentwide

commercial purchase cards, but also

recognize that the Government

purchases \$52 billion per year for EIT

products and services, of which only a

very small percentage are acquired

through the micro-purchase process

with credit cards. Most Government

desktop personal computers and other

infrastructure are purchased and

controlled through large agency

acquisitions.

By October 1, 2004, we are hopeful

that vendors will provide statements

related to product conformance to the

Section 508 standards as part of their

marketing information and their outer

packaging labeling. As this occurs,

Federal Government cardholders can

make informed EIT purchases that

conform to the Access Board's

standards, and the micro-purchase

exception will no longer be needed.

Without the extension of the micropurchase

exception, all micro-purchases

may have to go through a special

evaluation to ensure they comply with

EIT Standards. EIT micro-purchases

would be forwarded to contracting

offices for purchase. This would

significantly increase the workload in

procurement offices and the finance

offices, causing a reduction in efficiency

and delivery (increased procurement

lead-times). The potential costs to

industry cannot be measured.

The Councils realized there might be

some concern within the disability

advocacy groups and the Government

that extending the micro-purchase

exemption will signal that the

Government is relaxing the

implementation period. That is not the

case. It is only intended to deal with the

small portion of EIT that is acquired

with credit cards (micro-purchases) and

the practical reality that the lack of

package labeling, or other manufacturer

accessibility information, makes

informed decision making by

cardholders especially difficult. To help

in determining the appropriate next

steps for addressing the accessibility of

EIT micro-purchases, the Councils

invite respondents to address the

following questions in addition to

providing comments on the rule.

Any and all comments related to this

rule are welcomed. Note that public

comments provided in response to this

notice will be available in their entirety

to any requester, including any

requester under the Freedom of

Information Act (5 U.S.C. 552).

Therefore, we caution respondents not

to provide proprietary or other business

sensitive information. Under no

circumstances should respondents

provide any information unless they do

so with a clear understanding that it

will be made available to the public.

1\. For EIT industry respondents,

please include in your comments

responses to the following questions:

a\. What type of training is your

company employing to educate your

developers (hardware and software) and

salespersons regarding the section 508

requirements?

b\. What mechanisms or approaches

should the Government consider to

ensure EIT micro-purchases (products

and services) are accessible?

c\. Do you anticipate your company

will label its EIT products with buyer

information regarding the accessibility

aspects of the product being offered for

sale? If so, when?

d\. Do you offer a complete template

of accessibility information for each of

your EIT products and services on your

Web site? If no, why not?

e\. Currently, what process does your

company employ to provide information

to potential Government purchasers

regarding the accessibility features of

the products manufactured or sold?

2\. For other respondents, please

include in your comments responses to

the following questions:

a\. What mechanisms or approaches

should the Government consider to

ensure EIT micro-purchases (products

and services) are accessible?

b\. Currently, what type of training is

being employed by your organization to

educate purchasers and users regarding

the Section 508 requirements? Is any

training specifically geared towards

cardholders and micro-purchases? If so,

how do you explain and communicate

the Section 508 requirements?

This is not a significant regulatory

action and, therefore, was not subject to

review under Section 6(b) of Executive

Order 12866, Regulatory Planning and

Review, dated September 30, 1993. This

rule is not a major rule under 5 U.S.C.

804\.

**B. Regulatory Flexibility Act**

The interim rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, *et seq.*,

because for purchases under \$2,500 (a

''micro-purchase''), no competitive

quotations have to be obtained and

micro-purchases are no longer reserved

exclusively for small firms. Therefore,

an Initial Regulatory Flexibility

Analysis has not been performed. The

Councils will consider comments from

small entities concerning the affected

FAR Part in accordance with 5 U.S.C.

610\. Interested parties must submit such

comments separately and should cite 5

U.S.C. 601, *et seq.* (FAC 2001-11, FAR

case 2002-012), in correspondence.

**C. Paperwork Reduction Act**

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose information

collection requirements that require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, *et*

*seq.*

**D. Determination To Issue an Interim**

**Rule**

A determination has been made under

the authority of the Secretary of Defense

(DoD), the Administrator of General

Services (GSA), and the Administrator

of the National Aeronautics and Space

Administration (NASA) that urgent and

compelling reasons exist to promulgate

this interim rule without prior

opportunity for public comment. This

action is necessary because the rule

extends an exception that would

otherwise impose burdens that the

Government and contractors are not

prepared to meet. However, pursuant to

Public Law 98-577 and FAR 1.501, the

Councils will consider public comments

received in response to this interim rule

in the formation of the final rule.

**List of Subjects in 48 CFR Part 39**

Government procurement.

Dated: December 20, 2002.

**Jeremy F. Olson,**

*Acting Director, Acquisition Policy Division.*

Therefore, DoD, GSA, and NASA

amend 48 CFR part 39 as set forth

below:

**PART 39-ACQUISITION OF**

**INFORMATION TECHNOLOGY**

1\. The authority citation for 48 CFR

part 39 continues to read as follows:

**Authority:** 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

**39.204 \[Amended\]**

2\. Amend section 39.204 in the first

sentence of paragraph (a) by removing

''January 1, 2003'' and adding ''October

1, 2004'' in its place.

\[FR Doc. 02-32743 Filed 12-30-02; 8:45 am\]

**BILLING CODE 6820-EP-P**

# APPENDIX G

# Section 505 of the Rehabilitation Act

(Reference:
<http://www.section508.gov/index.cfm?FuseAction=Content&ID=18>)

The procedures and rights set forth in Section 717 of the Civil Rights
Act of 1964 shall be available, with respect to any compliant under
section 501 and section 504, to any employee or applicant for employment
aggrieved by the final disposition of such complaint, or by the failure
to take final action on such complaint. In fashioning an equitable or
affirmative action remedy under such section, a court may take into
account the reasonableness of the cost of any necessary work place
accommodation, and the availability of alternatives therefor or other
appropriate relief in order to achieve an equitable and appropriate
remedy.

\(2\) The remedies, procedures, and rights set forth in title VI of the
Civil Rights Act of 1964 shall be available to any person aggrieved by
any act or failure to act by any recipient of Federal assistance or
Federal provider of such assistance under section 504 of this Act.

\(b\) In any action or proceeding to enforce or charge a violation of a
provision of this title, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney\'s
fee as part of the costs.

# APPENDIX H

# Testing for Web Accessibility

The following article, written by Don Barrett of the U.S. Department of
Education, Assistive Technology Team, provides an excellent technical
insight into web accessibility testing from his point of view both as a
user of assistive technologies, and as a well respected consultant in
assistive technologies. The article is provided as an additional
resource to guide web developers in creating accessible and usable web
pages.

(Source:
<http://www.ed.gov/offices/OCIO/programs_services/assistive_technology/testing.html>)

Testing for Web Accessibility Compliance Under Section 508 of the
Rehabilitation Act of 1973

By Don Barrett (don.barrett@ed.gov)\
Assistive Technology Specialist\
U.S. Department of Education\
Assistive Technology Team

**Background**

On December 21, 2000, the [technical standards for implementing Section
508](http://www.access-board.gov/sec508/508standards.htm) of the
Rehabilitation Act of 1973 as amended by the Workforce Investment Act of
1998 were published in the Federal Register. These standards set forth,
in very specific terms, criteria that must be met by software, hardware,
web sites, and other electronic and information technology (E&IT) to
ensure its accessibility to individuals with disabilities who are either
employees or customers of the Federal government. After June 21, 2001,
agencies that procure E&IT that does not meet these standards, leave
themselves open to either administrative complaints or private rights of
action in the Federal courts by disabled individuals unable to utilize
this E&IT as a result of its inaccessibility.

These standards are of particular concern to Federal webmasters, whose
web sites are potentially available to every person with access to a
computer, including the millions of disabled individuals who use a
variety of assistive technology to access the Internet. The phenomenally
wide visibility Federal sites enjoy through the medium of the Internet
brings with it the responsibility of ensuring that Federal web sites are
as accessible as possible, meeting the 16 508 web-related standards to
the fullest extent possible.

Since the June 21, 2001 implementation for compliance with the standards
for Section 508, the number of questions concerning the proper methods
for testing web sites for compliance with these standards has been
increasing at an alarming rate. Both sound information and myths abound,
and the web development community is fraught with concern regarding its
ability to meet the accessibility standards. The Department of
Education's Assistive Technology Program, the Access Board (publishers
of the Section 508 standards), and other agencies in the forefront of
accessibility testing, have been inundated with 508-related questions,
especially as they relate to web development and accessibility.

One of the dilemmas facing the Federal IT professional as we contemplate
ensuring compliance with Section 508 in the development of ongoing web
sites under the new standards, is that although the web developer may
have little to no knowledge of accessibility, they are nevertheless held
accountable for ensuring the accessibility of the agency's sites. Though
the development community of vendors providing web design and
development services must become familiar with the 508 web-related
standards to ensure that their deliverables meet the requirements as set
forth, the Federal web master is faced with the daunting task of
establishing some mechanisms for quality assurance and verification of
whatever accessibility-related assurances the vendor may provide. No
Federal IT professional can afford to rely solely upon vendor assurance
as a means for maintaining quality control, and thus, a certain level of
expertise must be attained by the IT professional who wishes to verify
that their sites are in fact accessible and in compliance with the
Section 508 standards.

As Federal web developers have begun wrestling with this objective, many
have begun to contemplate the establishment of small in-house testing
teams, made up of individuals who show an affinity for the appropriate
use of assistive technology such as screen readers, screen magnification
software, etc. Of course, for those agencies with well-established
in-house testing labs such as the Social Security Administration, the
Department of Education, the Department of Agriculture, the Postal
Service, the Department of Defense, and others, testing for
accessibility is already commonplace, and in these agencies, the various
development teams can generally turn to lab staff as ongoing sources of
testing, technical assistance, and advice regarding the implementation
of accessible web design.

However, for the agency without such a team, who must therefore rely on
staff for whom accessibility verification is only one of many duties,
but who nevertheless must develop some level of acumen in the use of
assistive technology in order to test their sites with some reliability,
we offer these simple yet useful tips on how to use assistive technology
effectively for testing purposes.

**Where to Begin, and for Whom**

One of the first questions people ask when trying to figure out where to
begin in ensuring accessibility of the web to persons with disabilities
concerns developing an understanding of which disabilities are affected
most by web access so as to understand where remediation and testing
efforts should be concentrated. Of no less concern is the anxiety about
how to test compliance for each of the 16 individual web-related 508
standards, something that can appear to be an impossible task for the
already overworked web master.

Fortunately, for the web master who has little knowledge of disability
and access requirements, these 16 criteria break out into broad logical
categories, some of which do not require any testing with assistive
technology whatsoever in order to verify compliance. If we look briefly
at those of the 508 standards, which relate to web-based Internet and
Intranet sites (1194.22), we will see that most of the standards are
designed to ensure accessibility of the web to persons with visual
impairments. This is because most of the problems encountered in
accessing the web, as an output medium requiring extensive navigability,
are related to the visual accessing of information provided through a
software interface. Thus, we can see that people without vision are the
ones who are most profoundly affected by the nature of this interface,
and who, by virtue of its design, either succeed or fail in gleaning the
information they desire from a given site.

To clarify this further, let's briefly review the 16 Section 508
web-related standards, the disabilities to which they apply, and what,
if any assistive technology is necessary to test them for compliance.

**1194.22 Web-based intranet and Internet information and
applications.**

**"(a) A text equivalent for every non-text element shall be provided
(e.g., via \"alt\", \"longdesc\", or in element content)."**

Standard (a) impacts individuals who are blind, since descriptions of
non-textual elements must be provided for those who cannot see them.

Compliance with this standard can generally be verified by examination
of the HTML code to ensure that all images, image map hot spots, and
other non-text elements contain text descriptions. In complex
situations, such as where Java Script or other scripting languages are
involved, the site can be tested with a screen reader to ensure that the
descriptive information is properly exposed to the user.

One of the big misconceptions which has crept into the lore surrounding
section 508 and the web involves the use of the Alt attribute to provide
descriptions for images and other non-textual elements. Many regrettably
believe, due to the phrasing of the standard, that every image must have
a verbal equivalent, which must be spoken out loud. This is far from
true, and web developers should realize that the audible labeling of
graphics used for formatting purposes such as spacers with audio
descriptions actually adds to the inaccessibility of a site by creating
audio litter. For those images which do not convey content or navigation
information, alt= \" \" is recommended for use as an appropriate
solution. The screen reader skips over the unimportant graphic and
remains silent, keeping its verbal output to the blind user clean and
informative.

**"(b) Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation."**

Standard B impacts blind individuals who may need audio descriptions
synchronized to visual multimedia, which they cannot see, or
hearing-impaired individuals who may need text captioning synchronized
to audio multimedia material, which they cannot hear.

Assistive technology is not required to test for compliance with
Standard B.

**"(c) Web pages shall be designed so that all information conveyed with
color is also available without color, for example from context or
markup."**

Standard C impacts those who are color-blind and cannot discern a given
action depicted by color alone.

No assistive technology is required to test for compliance with Standard
C.

**"(d) Documents shall be organized so they are readable without
requiring an associated style sheets."**

Standard D applies to people with all disabilities.

No assistive technology is required to test for compliance with Standard
D.

**"(e) Redundant text links shall be provided for each active region of
a server-side image map."**

Standard E applies to individuals who are blind, since it is these
redundant links, which are read with a screen reader, which cannot
interpret the hot spots on a server-side image map.

As with Standard (a), compliance with Standard E can be verified through
examination of the code, although the proper reading of these redundant
links can be verified with a screen reader.

**"(f) Client-side image maps shall be provided instead of server-side
image maps except where the regions cannot be defined with an available
geometric shape."**

Again, Standard F impacts those who are blind. This standard states a
preference for the use of client-side image maps where possible, since
the hot spots on client-side image maps can be labeled with the alt
attribute and thus be read by the blind user.

Compliance for Standard F can be verified through examination of the
underlying code. When deemed necessary, the proper reading of the labels
for the hot spots on these image maps can be verified with a screen
reader.

**"(g) Row and column headers shall be identified for data tables." and
"(h) Markup shall be used to associate data cells and header cells for
data tables that have two or more logical levels of row or column
headers."**

Standards G and H also impact those who are blind, and raise more
questions from web developers than any of the other standards, with the
possible exception of Standard (l), which will be discussed shortly.

Due to the variety of attributes, which can be invoked in table
construction, the complexity of the tables which can result from their
use, and the inconsistency with which table attributes are handled by
various screen readers, the Access Board has prepared state-of-the-art
technical guidance on [accessible table
construction](http://www.access-board.gov/sec508/guide/1194.22.htm#(g)).

It is generally accepted however, to use the "scope" attribute to
associate row and column headers with their corresponding cells in a
rectangular table, and the header/id tags in more complex multi-level
tables which contain diagonal associations. Jaws and other screen
readers recognize the scope and the header/id attributes.

**"(i) Frames shall be titled with text that facilitates frame
identification and navigation."**

Standard I also impacts those who are blind.

Standard I compliance can, as with many others, be verified by an
examination of the HTML code, but can also be tested with a screen
reader. The Access Board is also issuing guidance on proper frame
titling techniques.

**"(j) Pages shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz."**

Standard J affects those with seizure disorders for whom the onset of
seizures may be triggered by material blinking within the specified
range.

No assistive technology is required to test for compliance with Standard
J. Individuals should utilize the blink rate specifications provided
with the blink generation software to determine compliance with this
standard.

**"(k) A text-only page, with equivalent information or functionality,
shall be provided to make a web site comply with the provisions of this
part, when compliance cannot be accomplished in any other way. The
content of the text-only page shall be updated whenever the primary page
changes."**

Standard K primarily impacts those who are blind.

Verification of the non-utility of the inaccessible page should be
tested with a screen reader. The accessibility of the alternate
text-only page can be tested by examination of the code or with a screen
reader.

**"(l) When pages utilize scripting languages to display content, or to
create interface elements, the information provided by the script shall
be identified with functional text that can be read by assistive
technology."**

Here too, Standard L is designed to assist the blind surfer by ensuring
that text produced via scripting is available to the assistive
technology.

Compliance for Standard L should be tested with a screen reader, since
it may not be possible by code examination alone to verify the
availability of functional text to this technology. Here too, as with
tables and frame titling, the Access Board is issuing technical
assistance guidance on how to construct scripts, which will yield
functional text for capturing by the screen reader.

**"(m) When a web page requires that an applet, plug-in or other
application be present on the client system to interpret page content,
the page must provide a link to a plug-in or applet that complies with
1194.21(a) through (l)."**

Standard M deals with those occasions when a plug-in is necessary to
present content to the user which falls outside the standard HTML
interface, thus requiring that the plug-in comply with the standards
contained in another section of the 508 requirements. These requirements
for plug-ins and other desktop software applications are not covered in
this article, which is devoted to the specific discussion of web
accessibility.

**"(n) When electronic forms are designed to be completed on-line, the
form shall allow people using assistive technology to access the
information, field elements, and functionality required for completion
and submission of the form, including all directions and cues."**

Standard N is also designed to assist the blind because it impacts their
ability for accurately filling out forms on the web.

Here too, because of the wide variety of techniques used in form
construction, which can impact the accessibility of these forms,
compliance with Standard N should be tested with a screen reader. In
addition, guidance may be issued in accessible form construction by the
Access Board as well, to ensure a high level of accessibility in this
area.

**"(o) A method shall be provided that permits users to skip repetitive
navigation links."**

Standard O allows repetitive information at the top of each page to be
skipped so that those using screen readers don\'t have to listen to the
same repetitive links each time a page is loaded. Standard O also
assists those with mobility impairments who want to skip directly to
page content and find it easier to click on a \"skip navigation\"
button.

Standard O requires no assistive technology for compliance testing,
although screen readers should be used to test if transparent gifs or
gifs with the same background color are used making them invisible
except to the screen reader. However, some discourage the use of
invisible graphics as skip links as it negatively impacts the ability of
a person with a mobility impairment to use these links.

**"(p) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required."**

Standard P is designed to allow persons with mobility impairments who
may be slower than average in filling out a timed form to be alerted
that time is running out and extend the time if necessary. It applies to
individuals with mobility impairments which affect their ability to
input data at the normal rate of speed.

No assistive technology is required for compliance testing for Standard
P.

**Formulating a Testing Strategy**

As should be evident by now, when it is necessary to use assistive
technology to test for web site accessibility, the only assistive
technology that is required for ensuring compliance with a given
standard is the screen reading technology used by the blind employee or
customer who will also be accessing the site in the same fashion. As
stated above, those standards not requiring assistive technology can be
evaluated for accessibility through simple code examination and
observation.

Ok, so what is a screen reader?

This technology, which resides in the user\'s computer, translates the
visual web interface into spoken or Braille output thus making it
available to the blind surfer. In fact, the Section 508 standards were
designed in such a fashion so that if followed correctly, the web
developer would have the best possible chance of ensuring that the
screen reading technology currently in use today could best interpret
the web display in a manner understandable and useable by the population
of blind web surfers.

Think of it this way - when a blind individual surfs the web, or does
anything with a computer for that matter, she does it without a monitor
and without a mouse. Sound impossible? Well, it is, unless you have
software, which provides you with verbal or Braille feedback about what
is on the screen, and that, in a nutshell is what a screen reader does.
The next time you hear someone question the utility of the 508 standards
because they don\'t understand their value, just tell them to unplug
their monitor and their mouse and without any assistance, turn on their
computer and print out the home page of their favorite web site. In
fact, promise them a million dollars if they can do it right now. You
can be sure that without a screen reader, they won\'t be able to do it.
(The author of this document is not liable for million dollar claims
made as a result of reading this article.).

This discussion is in no way meant to diminish the importance of
ensuring the accessibility of the web to persons with other
disabilities. As stated above, there are web-related standards under
Section 508 which definitely speak to ensuring the accessibility of the
web to all persons of varying disabilities other than blindness \--
requiring for example, that multimedia presentations be captioned for
persons with hearing impairments, or that individuals with mobility
impairments who may input data more slowly than average be alerted when
timed responses are being encountered. Our point here though is simply
that although they are just as significant as those standards affecting
web access for the blind, these standards differ in one significant
fashion \-- compliance with them can be verified through simple code
examination or site observation, and they do not, as do the
blindness-related web standards, require a testing process using
heretofore unfamiliar assistive technology such as screen readers.

Thus, to truly assess a site\'s accessibility to those blind employees
and customers who may encounter it, the web developer or their designee
will have to become at least minimally familiar with screen reader
technology, in order to ensure that it is being used properly and is
thus yielding accurate and useful information about the accessibility of
the given site in question.

This is especially true in our discussion here with regard to the
accessibility of complex web technologies, e.g., table construction, the
use of Java scripting in revealing functional text, form development,
and frame labeling.

But by mastering just a few simple screen reader techniques designed to
assist the user in navigating these complex technologies, the web
designer can experiment with different scenarios in these complex areas
which, though all visually appealing, may each offer various
access-related advantages and disadvantages which the developer can
uncover by exposing these various scenarios to the screen reader
environment. With just a little information, the web savvy person
examining a given page can make at least some determination as to the
site\'s accessibility, and based upon experience with the screen reader,
can choose coding methods which yield the greatest possible
accessibility while retaining the look and feel of the particular site
design.

**One Goal, Many Strategies**

As with most anything in this life of ours, there is usually more than
one way to do anything well, and with screen readers, this is no
exception. Suffice it to say, without getting sidetracked, that each of
the major screen readers/talking browsers on the market today handle the
web with its complex technologies just a little bit differently, some
providing greater or lesser levels of access depending upon the
situation, page design, and complexity of the material being presented.
Section 508 however, was written specifically to avoid the trap of
requiring agencies and customers to rely upon a single screen reader
technology to provide an appropriate level of access. The reality in
fact, is that all else being equal, web coding in full compliance with
Section 508 standards will yield different levels of access depending
upon which screen reader is use. This is not your problem, and we wish
to make it clear that your obligation is correct or appropriate 508-
compliant coding, not the perfect performance of each screen reader on
the market.

Some screen readers work better than others in different situations. By
understanding and accepting this, you can test for compliance
recognizing the limitations of different screen reader technologies.
This of course raises the question of what happens when a site appears
to be 508 compliant, but due to one factor or another, is not being
handled well by a given screen reader. Does this inability of a given
screen reader to handle a given site mean the site is out of compliance?
Although there is no hard and fast simple answer, there are instances in
which a site can be fully compliant yet yield inaccessible information
due to a screen reader\'s inability to properly render the compliant
coding.

For example, each screen reader handles tables, especially complex ones
with multiple headers, differently and with a different level of skill,
and one of them, due to its reliance on access technology which doesn't
yet effectively render tabular information in a useable fashion, can\'t
yet read tables at all.

Does this mean that the use of tables is non-508 compliant? Not at all.
By following the 508 standards and using the guidance issued by the
Access Board, it won't be long before assistive technologies catch up to
the HTML specification currently in use, thus rendering the information
in a useable form according to the 508-compliant code it encounters.

A reader's inability to handle 508-compliant HTML is, we assure you, the
exception rather than the rule, and should not deter you from
establishing some level of testing and ensuring that your sites are both
Section 508 compliant and thus accessible.

With this in mind, let\'s move to a discussion of the kinds of things
screen readers do, and what one can expect from their use.

In making a determination as to which screen reader to test with, first,
find out what screen reader your particular agency has standardized
upon. Ask around and see if there is one that many of your blind
customers are using? Once you ascertain which reader is in use within
your agency, either obtain a demo copy or purchase it from its
manufacturer. If you can find a savvy blind web user who can give you
some testing time, so much the better; if not, you will need to get hold
of one of the screen readers with which your site is being accessed. And
of course, if you want to test with more than one, given their various
strengths and weaknesses, we won\'t object. And remember, don\'t be put
off by the seeming strangeness of the technology - your goal isn\'t
perfection, but it is accessibility.

**What to Expect Once you have picked a Screen Reader**

1\) All of these technologies will talk to you as you install them. This
is normal and should happen if you are using an appropriate sound card
(these days, most will work fine). So, when you talk to the vendor, find
out first how to slow down the speech rate so you can understand what it
is saying. You can\'t test for accessibility if you don\'t understand
the speech, and although you will get faster if you use it enough, you
should start out slow and comfortable.

2\) With the exception of the Home Page Reader (a talking browser
produced by IBM), other screen readers have been designed to work with a
multitude of programs. If you use such a screen reader, before you open
your first web page, go into say Notepad and write yourself a letter.
Get brave even and turn off your monitor and leave that mouse alone.
Listen to what happens as you hit your up, down, left, and right arrows,
and what happens when you add the control key to various cursor
movements. Can you hear the letters as you type, the lines of text as
you move up and down, and the words as you ctrl-arrow right and left?
Hit the alt key and move among the options in the menu bar and listen
with your ears to what your eyes would normally tell you. Try opening
the File Menu, arrowing down to the Save option, and hitting the Enter
key. Can you type in a file name without looking. Can you tab to the
Save Button and hit enter to save your document without using the mouse
or looking at the screen.

Remember, your goal, within the context of limited time, is to at least
become a little familiar with the paradigm of \"Look Mom, no monitor,
and no mouse.\" Get a little bit used to learning what it is like to be
blind and receive information from your computer using a heretofore
mostly unused sense - your hearing.

3\) Next, read and print out the help section on how your screen reader
interacts with web pages. For example, WindowEyes tells you when the
page is done loading; Jaws for Windows tells you the same thing by
telling you how many links are on the open page; and the IBM Home Page
Reader just begins reading the page once loaded. Once you know what
you're listening for, it won't throw you.

4\) This is important!! Learn to shut it up (not you, the screen
reader). All screen readers are designed to automatically read the
entire page to the advanced user, a characteristic that will no doubt
cause great confusion to anyone unfamiliar with the given product.
Generally, hitting the Control key as soon as the web page begins
reading will stop most readers in their tracks, and that is what you
want; stay in control, don\'t let it talk its or your head off.
Remember, you want to examine the page yourself, a line at a time, not
listen to the reader just chatter away mindlessly.

5\) Understand the concept that all browsers scroll; this means that
there is no system caret such as you would find in Notepad or Word
Perfect. For blind folks, this is bad news, since scrolling data is
generally not accessible in any interactive direct fashion. This being
the case, the good folks who put these screen readers together have
invented special cursors and large page buffers, which allow an
individual to arrow through a web page by as small a unit as a character
at a time, or through the up and down arrows, a line or page element at
a time. This cursor simulation thus mimics the functionality of a word
processor, and although data cannot be input into the page, the blind
surfer (and you too) can move through the page in a fashion, which will
yield easy to understand results just as if you were carefully reviewing
a document in Word. By learning to arrow through the pages in your site
to review an entire page's contents, or to tab from link to link
listening to how the links are spoken, you will thus be able to use the
screen reader to review all elements encountered in the page,
facilitating the reading of text surrounding hyperlinks, and the
detailed examining of complex sites.

6\) All screen readers also allow the user to simply tab from link to
link, verbalizing each hyperlink as it is encountered. This is useful
for the web developer who simply wants to test the efficacy of alt text
placed on images or hot spots, the proper speaking of labeled form
controls, or the availability of functional text in links containing
Java Script or other scripting languages.

7\) Each screen reader has specific keystrokes for doing specific tasks.
For example, when using Jaws for Windows in a table, one must hold down
both alt and control while hitting the arrow keys to properly move
through the tables columns and rows reading the information contained in
each cell along with its header information.

The Home Page Reader, on the other hand, requires that the alt-t key
combination be hit to engage table navigation mode. So, learn from the
screen reader's help file what specific keystrokes you need to know to
test your site, and you'll do just fine.

**The Bottom Line**

Is the testing of a web site with a screen reader possible with a little
time and effort? We think so, and experience has borne this out. Does it
require a high level of master-level skill and years of training -- we
think not. We believe, that with a decent level of computer literacy,
some patient practice, and a true sense of the mission at hand, anyone
tasked with this project can take it on and do it well.

Effective testing with a screen reader, coupled with the code
examination for the non-screen reader-related standards, can help to
ensure that any Federal web site complies with Section 508. It's worth
the effort, and it's the right thing to do, and you can rest assure that
your site will then be available to the widest audience possible, and
that's what it's all about.

For further information on testing procedures, accessible web design, or
other accessibility-related matters, feel free to contact the Education
Department's Assistive Technology Team as follows:

Joe Tozzi, Director\
[Assistive Technology
Program](http://www.ed.gov/offices/OCIO/programs_services/assistive_technology/index.html)\
U.S. Department of Education\
Room BC-101, Federal Building 6\
400 Maryland Avenue, Southwest\
Washington, DC 20202\
(202)/708-7298\
<joe.tozzi@ed.gov>

# APPENDIX I

# Section 508 Evaluation Checklist

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.21 Software                                                
  Applications and Operating                                                
  Systems**                                                                 

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) When software is                                                    
  designed to run on a system                                               
  that has a keyboard, product                                              
  functions shall be executable                                             
  from a keyboard where the                                                 
  function itself or the result                                             
  of performing a function can                                              
  be discerned textually.                                                   

  \(b\) Applications shall not                                              
  disrupt or disable activated                                              
  features of other products                                                
  that are identified as                                                    
  accessibility features, where                                             
  those features are developed                                              
  and documented according to                                               
  industry standards.                                                       
  Applications also shall not                                               
  disrupt or disable activated                                              
  features of any operating                                                 
  system that are identified as                                             
  accessibility features where                                              
  the application programming                                               
  interface for those                                                       
  accessibility features has                                                
  been documented by the                                                    
  manufacturer of the operating                                             
  system and is available to the                                            
  product developer.                                                        

  \(c\) A well-defined on-screen                                            
  indication of the current                                                 
  focus shall be provided that                                              
  moves among interactive                                                   
  interface elements as the                                                 
  input focus changes. The focus                                            
  shall be programmatically                                                 
  exposed so that Assistive                                                 
  Technology can track focus and                                            
  focus changes.                                                            

  \(d\) Sufficient information                                              
  about a user interface element                                            
  including the identity,                                                   
  operation and state of the                                                
  element shall be available to                                             
  Assistive Technology. When an                                             
  image represents a program                                                
  element, the information                                                  
  conveyed by the image must                                                
  also be available in text.                                                

  \(e\) When bitmap images are                                              
  used to identify controls,                                                
  status indicators, or other                                               
  programmatic elements, the                                                
  meaning assigned to those                                                 
  images shall be consistent                                                
  throughout an application\'s                                              
  performance.                                                              

  \(f\) Textual information                                                 
  shall be provided through                                                 
  operating system functions for                                            
  displaying text. The minimum                                              
  information that shall be made                                            
  available is text content,                                                
  text input caret location, and                                            
  text attributes.                                                          

  \(g\) Applications shall not                                              
  override user selected                                                    
  contrast and color selections                                             
  and other individual display                                              
  attributes.                                                               

  \(h\) When animation is                                                   
  displayed, the information                                                
  shall be displayable in at                                                
  least one non-animated                                                    
  presentation mode at the                                                  
  option of the user.                                                       

  \(i\) Color coding shall not                                              
  be used as the only means of                                              
  conveying information,                                                    
  indicating an action,                                                     
  prompting a response, or                                                  
  distinguishing a visual                                                   
  element.                                                                  

  \(j\) When a product permits a                                            
  user to adjust color and                                                  
  contrast settings, a variety                                              
  of color selections capable of                                            
  producing a range of contrast                                             
  levels shall be provided.                                                 

  \(k\) Software shall not use                                              
  flashing or blinking text,                                                
  objects, or other elements                                                
  having a flash or blink                                                   
  frequency greater than 2 Hz                                               
  and lower than 55 Hz.                                                     

  \(l\) When electronic forms                                               
  are used, the form shall allow                                            
  people using Assistive                                                    
  Technology to access the                                                  
  information, field elements,                                              
  and functionality required for                                            
  completion and submission of                                              
  the form, including all                                                   
  directions and cues.                                                      
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.22 Web-based                                               
  Internet information and                                                  
  applications**                                                            

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) A text equivalent for                                               
  every non-text element shall                                              
  be provided (e.g., via                                                    
  \"alt\", \"longdesc\", or in                                              
  element content).                                                         

  \(b\) Equivalent alternatives                                             
  for any multimedia                                                        
  presentation shall be                                                     
  synchronized with the                                                     
  presentation.                                                             

  \(c\) Web pages shall be                                                  
  designed so that all                                                      
  information conveyed with                                                 
  color is also available                                                   
  without color, for example                                                
  from context or markup.                                                   

  \(d\) Documents shall be                                                  
  organized so they are readable                                            
  without requiring an                                                      
  associated style sheet.                                                   

  \(e\) Redundant text links                                                
  shall be provided for each                                                
  active region of a server-side                                            
  image map.                                                                

  \(f\) Client-side image maps                                              
  shall be provided instead of                                              
  server-side image maps except                                             
  where the regions cannot be                                               
  defined with an available                                                 
  geometric shape.                                                          

  \(g\) Row and column headers                                              
  shall be identified for data                                              
  tables.                                                                   

  \(h\) Markup shall be used to                                             
  associate data cells and                                                  
  header cells for data tables                                              
  that have two or more logical                                             
  levels of row or column                                                   
  headers.                                                                  

  \(i\) Frames shall be titled                                              
  with text that facilitates                                                
  frame identification and                                                  
  navigation                                                                

  \(j\) Pages shall be designed                                             
  to avoid causing the screen to                                            
  flicker with a frequency                                                  
  greater than 2 Hz and lower                                               
  than 55 Hz.                                                               

  \(k\) A text-only page, with                                              
  equivalent information or                                                 
  functionality, shall be                                                   
  provided to make a web site                                               
  comply with the provisions of                                             
  this part, when compliance                                                
  cannot be accomplished in any                                             
  other way. The content of the                                             
  text-only page shall be                                                   
  updated whenever the primary                                              
  page changes.                                                             

  \(l\) When pages utilize                                                  
  scripting languages to display                                            
  content, or to create                                                     
  interface elements, the                                                   
  information provided by the                                               
  script shall be identified                                                
  with functional text that can                                             
  be read by Assistive                                                      
  Technology.                                                               

  \(m\) When a web page requires                                            
  that an applet, plug-in or                                                
  other application be present                                              
  on the client system to                                                   
  interpret page content, the                                               
  page must provide a link to a                                             
  plug-in or applet that                                                    
  complies with Û1194.21(a)                                                 
  through (l).                                                              

  \(n\) When electronic forms                                               
  are designed to be completed                                              
  on-line, the form shall allow                                             
  people using Assistive                                                    
  Technology to access the                                                  
  information, field elements,                                              
  and functionality required for                                            
  completion and submission of                                              
  the form, including all                                                   
  directions and cues.                                                      

  \(o\) A method shall be                                                   
  provided that permits users to                                            
  skip repetitive navigation                                                
  links.                                                                    

  \(p\) When a timed response is                                            
  required, the user shall be                                               
  alerted and given sufficient                                              
  time to indicate more time is                                             
  required.                                                                 
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.23                                                         
  Telecommunications Products**                                             

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) Telecommunications                                                  
  products or systems which                                                 
  provide a function allowing                                               
  voice communication and which                                             
  do not themselves provide a                                               
  TTY functionality shall                                                   
  provide a standard                                                        
  non-acoustic connection point                                             
  for TTYs. Microphones shall be                                            
  capable of being turned on and                                            
  off to allow the user to                                                  
  intermix speech with TTY use.                                             

  \(b\) Telecommunications                                                  
  products which include voice                                              
  communication functionality                                               
  shall support all commonly                                                
  used cross-manufacturer                                                   
  non-proprietary standard TTY                                              
  signal protocols.                                                         

  \(c\) Voice mail,                                                         
  auto-attendant, and                                                       
  interactive voice response                                                
  telecommunications systems                                                
  shall be usable by TTY users                                              
  with their TTYs.                                                          

  \(d\) Voice mail, messaging,                                              
  auto-attendant, and                                                       
  interactive voice response                                                
  telecommunications systems                                                
  that require a response from a                                            
  user within a time interval,                                              
  shall give an alert when the                                              
  time interval is about to run                                             
  out, and shall provide                                                    
  sufficient time for the user                                              
  to indicate more time is                                                  
  required.                                                                 

  \(e\) Where provided, caller                                              
  identification and similar                                                
  telecommunications functions                                              
  shall also be available for                                               
  users of TTYs, and for users                                              
  who cannot see displays.                                                  

  \(f\) For transmitted voice                                               
  signals, telecommunications                                               
  products shall provide a gain                                             
  adjustable up to a minimum of                                             
  20 dB. For incremental volume                                             
  control, at least one                                                     
  intermediate step of 12 dB of                                             
  gain shall be provided.                                                   

  \(g\) If the                                                              
  telecommunications product                                                
  allows a user to adjust the                                               
  receive volume, a function                                                
  shall be provided to                                                      
  automatically reset the volume                                            
  to the default level after                                                
  every use.                                                                

  \(h\) Where a                                                             
  telecommunications product                                                
  delivers output by an audio                                               
  transducer which is normally                                              
  held up to the ear, a means                                               
  for effective magnetic                                                    
  wireless coupling to hearing                                              
  technologies shall be                                                     
  provided.                                                                 

  \(i\) Interference to hearing                                             
  technologies (including                                                   
  hearing aids, cochlear                                                    
  implants, and assistive                                                   
  listening devices) shall be                                               
  reduced to the lowest possible                                            
  level that allows a user of                                               
  hearing technologies to                                                   
  utilize the telecommunications                                            
  product.                                                                  

  \(j\) Products that transmit                                              
  or conduct information or                                                 
  communication, shall pass                                                 
  through cross-manufacturer,                                               
  non-proprietary,                                                          
  industry-standard codes,                                                  
  translation protocols, formats                                            
  or other information necessary                                            
  to provide the information or                                             
  communication in a usable                                                 
  format. Technologies which use                                            
  encoding, signal compression,                                             
  format transformation, or                                                 
  similar techniques shall not                                              
  remove information needed for                                             
  access or shall restore it                                                
  upon delivery.                                                            

  (k)(1) Products which have                                                
  mechanically operated controls                                            
  or keys shall comply with the                                             
  following: Controls and Keys                                              
  shall be tactilely discernible                                            
  without activating the                                                    
  controls or keys.                                                         

  (k)(2) Products which have                                                
  mechanically operated controls                                            
  or keys shall comply with the                                             
  following: Controls and Keys                                              
  shall be operable with one                                                
  hand and shall not require                                                
  tight grasping, pinching,                                                 
  twisting of the wrist. The                                                
  force required to activate                                                
  controls and keys shall be 5                                              
  lbs. (22.2N) maximum.                                                     

  (k)(3) Products which have                                                
  mechanically operated controls                                            
  or keys shall comply with the                                             
  following: If key repeat is                                               
  supported, the delay before                                               
  repeat shall be adjustable to                                             
  at least 2 seconds. Key repeat                                            
  rate shall be adjustable to 2                                             
  seconds per character.                                                    

  (k)(4) Products which have                                                
  mechanically operated controls                                            
  or keys shall comply with the                                             
  following: The status of all                                              
  locking or toggle controls or                                             
  keys shall be visually                                                    
  discernible, and discernible                                              
  either through touch or sound.                                            
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.24 Video and                                               
  Multi-media Products\                                                     
  **                                                                        

  ***Criteria***                 **How Supported?**  **Comments**           

  \(b\) Television tuners,                                                  
  including tuner cards for use                                             
  in computers, shall be                                                    
  equipped with secondary audio                                             
  program playback circuitry.                                               

  \(c\) All training and                                                    
  informational video and                                                   
  multimedia productions which                                              
  support the agency\'s mission,                                            
  regardless of format, that                                                
  contain speech or other audio                                             
  information necessary for the                                             
  comprehension of the content,                                             
  shall be open or closed                                                   
  captioned.                                                                

  \(d\) All training and                                                    
  informational video and                                                   
  multimedia productions which                                              
  support the agency\'s mission,                                            
  regardless of format, that                                                
  contain visual information                                                
  necessary for the                                                         
  comprehension of the content,                                             
  shall be audio described.                                                 

  \(e\) Display or presentation                                             
  of alternate text presentation                                            
  or audio descriptions shall be                                            
  user-selectable unless                                                    
  permanent.                                                                
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.25                                                         
  Self-Contained, Closed                                                    
  Products**                                                                

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) Self contained products                                             
  shall be usable by people with                                            
  disabilities without requiring                                            
  an end-user to attach                                                     
  Assistive Technology to the                                               
  product. Personal headsets for                                            
  private listening are not                                                 
  Assistive Technology.                                                     

  \(b\) When a timed response is                                            
  required, the user shall be                                               
  alerted and given sufficient                                              
  time to indicate more time is                                             
  required.                                                                 

  \(c\) Where a product utilizes                                            
  touchscreens or                                                           
  contact-sensitive controls, an                                            
  input method shall be provided                                            
  that complies with Û1194.23                                               
  (k) (1) through (4).                                                      

  \(d\) When biometric forms of                                             
  user identification or control                                            
  are used, an alternative form                                             
  of identification or                                                      
  activation, which does not                                                
  require the user to possess                                               
  particular biological                                                     
  characteristics, shall also be                                            
  provided.                                                                 

  \(e\) When products provide                                               
  auditory output, the audio                                                
  signal shall be provided at a                                             
  standard signal level through                                             
  an industry standard connector                                            
  that will allow for private                                               
  listening. The product must                                               
  provide the ability to                                                    
  interrupt, pause, and restart                                             
  the audio at anytime.                                                     

  \(f\) When products deliver                                               
  voice output in a public area,                                            
  incremental volume control                                                
  shall be provided with output                                             
  amplification up to a level of                                            
  at least 65 dB. Where the                                                 
  ambient noise level of the                                                
  environment is above 45 dB, a                                             
  volume gain of at least 20 dB                                             
  above the ambient level shall                                             
  be user selectable. A function                                            
  shall be provided to                                                      
  automatically reset the volume                                            
  to the default level after                                                
  every use.                                                                

  \(g\) Color coding shall not                                              
  be used as the only means of                                              
  conveying information,                                                    
  indicating an action,                                                     
  prompting a response, or                                                  
  distinguishing a visual                                                   
  element.                                                                  

  \(h\) When a product permits a                                            
  user to adjust color and                                                  
  contrast settings, a range of                                             
  color selections capable of                                               
  producing a variety of                                                    
  contrast levels shall be                                                  
  provided.                                                                 

  \(i\) Products shall be                                                   
  designed to avoid causing the                                             
  screen to flicker with a                                                  
  frequency greater than 2 Hz                                               
  and lower than 55 Hz.                                                     

  \(j\) (1) Products which are                                              
  freestanding, non-portable,                                               
  and intended to be used in one                                            
  location and which have                                                   
  operable controls shall comply                                            
  with the following: The                                                   
  position of any operable                                                  
  control shall be determined                                               
  with respect to a vertical                                                
  plane, which is 48 inches in                                              
  length, centered on the                                                   
  operable control, and at the                                              
  maximum protrusion of the                                                 
  product within the 48 inch                                                
  length on products which are                                              
  freestanding, non-portable,                                               
  and intended to be used in one                                            
  location and which have                                                   
  operable controls.                                                        

  (j)(2) Products which are                                                 
  freestanding, non-portable,                                               
  and intended to be used in one                                            
  location and which have                                                   
  operable controls shall comply                                            
  with the following: Where any                                             
  operable control is 10 inches                                             
  or less behind the reference                                              
  plane, the height shall be 54                                             
  inches maximum and 15 inches                                              
  minimum above the floor.                                                  

  (j)(3) Products which are                                                 
  freestanding, non-portable,                                               
  and intended to be used in one                                            
  location and which have                                                   
  operable controls shall comply                                            
  with the following: Where any                                             
  operable control is more than                                             
  10 inches and not more than 24                                            
  inches behind the reference                                               
  plane, the height shall be 46                                             
  inches maximum and 15 inches                                              
  minimum above the floor.                                                  

  (j)(4) Products which are                                                 
  freestanding, non-portable,                                               
  and intended to be used in one                                            
  location and which have                                                   
  operable controls shall comply                                            
  with the following: Operable                                              
  controls shall not be more                                                
  than 24 inches behind the                                                 
  reference plane.                                                          
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  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.26 Desktop and                                             
  Portable Computers**                                                      

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) All mechanically                                                    
  operated controls and keys                                                
  shall comply with Û1194.23 (k)                                            
  (1) through (4).                                                          

  \(b\) If a product utilizes                                               
  touchscreens or touch-operated                                            
  controls, an input method                                                 
  shall be provided that                                                    
  complies with Û1194.23 (k) (1)                                            
  through (4).                                                              

  \(c\) When biometric forms of                                             
  user identification or control                                            
  are used, an alternative form                                             
  of identification or                                                      
  activation, which does not                                                
  require the user to possess                                               
  particular biological                                                     
  characteristics, shall also be                                            
  provided.                                                                 

  \(d\) Where provided, at least                                            
  one of each type of expansion                                             
  slots, ports and connectors                                               
  shall comply with publicly                                                
  available industry standards                                              
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.31 Functional                                              
  Performance Criteria**                                                    

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) At least one mode of                                                
  operation and information                                                 
  retrieval that does not                                                   
  require user vision shall be                                              
  provided, or support for                                                  
  Assistive Technology used by                                              
  people who are blind or                                                   
  visually impaired shall be                                                
  provided.                                                                 

  \(b\) At least one mode of                                                
  operation and information                                                 
  retrieval that does not                                                   
  require visual acuity greater                                             
  than 20/70 shall be provided                                              
  in audio and enlarged print                                               
  output working together or                                                
  independently, or support for                                             
  Assistive Technology used by                                              
  people who are visually                                                   
  impaired shall be provided.                                               

  \(c\) At least one mode of                                                
  operation and information                                                 
  retrieval that does not                                                   
  require user hearing shall be                                             
  provided, or support for                                                  
  Assistive Technology used by                                              
  people who are deaf or hard of                                            
  hearing shall be provided                                                 

  \(d\) Where audio information                                             
  is important for the use of a                                             
  product, at least one mode of                                             
  operation and information                                                 
  retrieval shall be provided in                                            
  an enhanced auditory fashion,                                             
  or support for assistive                                                  
  hearing devices shall be                                                  
  provided.                                                                 

  \(e\) At least one mode of                                                
  operation and information                                                 
  retrieval that does not                                                   
  require user speech shall be                                              
  provided, or support for                                                  
  Assistive Technology used by                                              
  people with disabilities shall                                            
  be provided.                                                              

  \(f\) At least one mode of                                                
  operation and information                                                 
  retrieval that does not                                                   
  require fine motor control or                                             
  simultaneous actions and that                                             
  is operable with limited reach                                            
  and strength shall be                                                     
  provided.                                                                 
  ------------------------------ ------------------- ------------------- -- --

  ------------------------------ ------------------- ------------------- -- --
  **Section 1194.41 Information,                                            
  documentation, and support.\                                              
  **                                                                        

  ***Criteria***                 **How Supported?**  **Comments**           

  \(a\) Product support                                                     
  documentation provided to                                                 
  end-users shall be made                                                   
  available in alternate formats                                            
  upon request, at no additional                                            
  charge.                                                                   

  \(b\) End-users shall have                                                
  access to a description of the                                            
  accessibility and                                                         
  compatibility features of                                                 
  products in alternate formats                                             
  or alternate methods upon                                                 
  request, at no additional                                                 
  charge.                                                                   

  \(c\) Support services for                                                
  products shall accommodate the                                            
  communication needs of                                                    
  end-users with disabilities.                                              
  ------------------------------ ------------------- ------------------- -- --